Opinion
No. 1250.
October 22, 2009.
Judgment, Supreme Court, New York County (Helen E. Freedman, J.), entered June 19, 2008, in favor of nonparty Duffy, Duffy Burdo, Esqs. (Duffy) and against nonparty Girardi/Keese (Girardi) in the sum of $1,261,521.18, unanimously affirmed, without costs.
Hinshaw Culbertson LLP, New York (Schuyler B. Kraus of counsel), for appellant.
Robert Robert, PLLC, Melville (Clifford S. Robert of counsel), for respondent.
Before: Gonzalez, P.J., Mazzarelli, Sweeny, Renwick and Richter, JJ.
There is no basis to disturb the court's determination in favor of Duffy ( see Thoreson v Penthouse Intl., 80 NY2d 490, 495 ). At the hearing, Girardi called no witnesses on its own behalf to contradict the testimony of Duffy's witnesses as to the existence of an oral one-third fee arrangement between the two firms. The court properly declined to consider affidavits by a witness who was not available for cross-examination in court ( see Seinfeld v Robinson, 300 AD2d 208).
We have considered Girardi's remaining arguments and find them unavailing.