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Lado v. Wardaska

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 18, 2010

ARLENE LADO, PLAINTIFF-RESPONDENT-APPELLANT, HECTOR NIZ, PLAINTIFF,
v.
SYLVIA WARDASKA, ET AL., DEFENDANTS.

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered March 11, 2008, which awarded plaintiff Lado's outgoing counsel Kaminski 10% of the net legal fee, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Saxe, Nardelli, Abdus-Salaam, RomÁn, JJ.

16625/04

Having analyzed the relevant factors including the amount of time spent by the attorneys on the case, the nature and quality of the work performed and the relative contributions of counsel toward achieving the outcome, the motion court's apportionment of the contingency fee was a provident exercise of discretion (see Lai Ling Cheng v Modansky Leasing Co., 73 NY2d 454, 458 [1989]; Diakrousis v Maganga, 61 AD3d 469 [2009]). The court properly declined to enforce the pre-existing fee sharing agreement in the circumstances of this case (see Dugan v Dorff Constr. Co., 281 AD2d 158 [2001], lv denied 98 NY2d 606 [2002]).

We have considered the parties' remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100318

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