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Sparks v. Barry's Plumbing and Heating Corp.

Appellate Division of the Supreme Court of New York, First Department
Aug 1, 1996
230 A.D.2d 606 (N.Y. App. Div. 1996)

Opinion

August 1, 1996


Judgment, Supreme Court, Bronx County (Luis Gonzalez, J.), entered November 9, 1994, which awarded respondent Garber legal fees in the amount of $49,000, plus interest, unanimously modified, on the law, without costs, to reduce the award to $24,500, plus interest.

Having properly found that the award of legal fees to respondent Garber, who provided partial representation to the plaintiff in the underlying action, should be made on a quantum meruit basis, it was error to compute the amount of the award by reference to a percentage of the contingent fee awarded to appellant. The essentially uncontested evidence before the Judicial Hearing Officer that respondent had expended 70 hours on the matter, computed at a rate of $350 per hour, supports an award to respondent of $24,500.

Concur — Sullivan, J.P., Ellerin, Rubin and Tom, JJ.


Summaries of

Sparks v. Barry's Plumbing and Heating Corp.

Appellate Division of the Supreme Court of New York, First Department
Aug 1, 1996
230 A.D.2d 606 (N.Y. App. Div. 1996)
Case details for

Sparks v. Barry's Plumbing and Heating Corp.

Case Details

Full title:LENSLEY SPARKS, Plaintiff, v. BARRY'S PLUMBING AND HEATING CORP. et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Aug 1, 1996

Citations

230 A.D.2d 606 (N.Y. App. Div. 1996)
646 N.Y.S.2d 5

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