Janes v. 2630 Attica Rd., Inc.

Full title: RICHARD C. JANES AND ROSEMARY JANES, PLAINTIFFS, v. 2630 ATTICA ROAD…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Mar 16, 2018

2018 N.Y. Slip Op. 1791 (N.Y. App. Div. 2018)

Opinion

328 CA 16-02272

03-16-2018

RICHARD C. JANES AND ROSEMARY JANES, PLAINTIFFS, v. 2630 ATTICA ROAD, INC., INDIVIDUALLY AND DOING BUSINESS AS BLUE DOG SALOON, AND SHANNON SZALAY, DEFENDANTS. BROWN CHIARI, LLP, APPELLANT, v. COLLINS & COLLINS ATTORNEYS, LLC, RESPONDENT.

RUPP, BAASE, PFALZGRAF, CUNNINGHAM, BUFFALO (R. ANTHONY RUPP, III, OF COUNSEL), FOR APPELLANT. COLLINS & COLLINS ATTORNEYS, LLC, BUFFALO (MICHAEL SZCZYGIEL OF COUNSEL), FOR RESPONDENT.

CENTRA, J.P., NEMOYER, CURRAN, AND WINSLOW, JJ.

PRESENT:

RUPP, BAASE, PFALZGRAF, CUNNINGHAM, BUFFALO (R. ANTHONY RUPP, III, OF COUNSEL), FOR APPELLANT.

COLLINS & COLLINS ATTORNEYS, LLC, BUFFALO (MICHAEL SZCZYGIEL OF COUNSEL), FOR RESPONDENT.

Appeal from an order of the Supreme Court, Wyoming County (Michael F. Griffith, A.J.), entered December 5, 2016. The order adjudged that the law firm of Brown Chiari, LLP is entitled to recover an amount equal to 25% of the counsel fees held in escrow in connection with the settlement of plaintiffs' action as their share of said fee.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.

Entered: March 16, 2018

Mark W. Bennett

Clerk of the Court