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WILLIAM SCHIAVONE v. JOHN LAVIANO (11/25/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


November 25, 1968

WILLIAM SCHIAVONE, AN INFANT, BY JOHN SCHIAVONE, HIS GUARDIAN AD LITEM, ET AL., PLAINTIFFS,
v.
JOHN LAVIANO, DEFENDANT. DELUKEY & SHAPIRO, APPELLANT; MELVIN SEIFER ET AL., RESPONDENTS

Appeal by plaintiffs' attorneys from an order of the Supreme Court, Kings County, dated October 13, 1967, which directed said attorneys to pay to plaintiffs' former attorney $1,140 out of the amount previously allowed to appellants, by court order, for legal services in this negligence action.

Brennan, Acting P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.

In our opinion the reasonable value of the legal services rendered by the former attorney and his of counsel attorney is $350 and the higher award made by the Special Term was unwarranted on this record.

Disposition

Order modified, on the facts, by reducing the amount of $1,140 in the second decretal paragraph to $350. As so modified order affirmed, without costs.

19681125

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