Opinion
6497N Index 111248/08
05-08-2018
Oumar DIAKHITE, Plaintiff, v. The CITY OF NEW YORK, et al., Defendants. Raymond Schwartzberg & Associates, PLLC, Nonparty Appellant, v. Edelman, Krasin & Jaye PLLC, Nonparty Respondent.
Raymond Schwartzberg & Associates, PLLC, New York (Steven I. Brizel of counsel), for appellant. Edelman, Krasin & Jaye PLLC, Westbury (Kara M. Rosen of counsel), for respondent.
Raymond Schwartzberg & Associates, PLLC, New York (Steven I. Brizel of counsel), for appellant.
Edelman, Krasin & Jaye PLLC, Westbury (Kara M. Rosen of counsel), for respondent.
Sweeny, J.P., Renwick, Mazzarelli, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Margaret A. Chan, J.), entered January 25, 2017, which denied the motion of non-party appellant Raymond Schwartzberg & Associates, PLLC to reject the report of the Special Referee, dated August 31, 2015, granted the motion of nonparty respondent Edelman, Krasin & Jaye PLLC to confirm the referee's report, and directed that the Edelman firm was entitled to 95% of the net contingency fee earned in this action and that appellant was entitled to 5% of the fee, unanimously affirmed, without costs.
The referee's findings are supported by the record (see Lai Ling Cheng v. Modansky Leasing Co., 73 N.Y.2d 454, 458, 541 N.Y.S.2d 742, 539 N.E.2d 570 [1989] ; Board of Mgrs. of Boro Park Vil.–Phase I Condominium v. Boro Park Townhouse Assoc., 284 A.D.2d 237, 238, 726 N.Y.S.2d 606 [1st Dept. 2001] ). He considered 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 ( Lai Ling Cheng, 73 N.Y.2d at 458, 541 N.Y.S.2d 742, 539 N.E.2d 570 ; Board of Mgrs., 284 A.D.2d at 237, 726 N.Y.S.2d 606 ).
We have considered appellant's remaining arguments, including that the motion court should have rejected respondent's cross motion as untimely, and find them unavailing.