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Matter of Reisman Sch. v. Giamboi, Reiss

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1996
224 A.D.2d 325 (N.Y. App. Div. 1996)

Opinion

February 22, 1996

Appeal from the Supreme Court, Bronx County (Alan Saks, J.).


By electing to have its fee determined at the conclusion of litigation, petitioner opted to have the fee measured by a percentage of the recovery ( Matter of Cohen v. Grainger, Tesoriero Bell, 81 N.Y.2d 655). Given the amount of the recovery and the relative contributions of each firm ( supra, at 659), on this record, it was proper for the IAS Court, which is in the best position to determine those factors integral to the fixing of counsel fees ( Clifford v. Pierce, 214 A.D.2d 697, appeal dismissed and lv denied 86 N.Y.2d 829), to confirm the recommendation of the Special Referee. We have considered appellant's other contentions and find them to be without merit.

Concur — Milonas, J.P., Wallach, Ross and Mazzarelli, JJ.


Summaries of

Matter of Reisman Sch. v. Giamboi, Reiss

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1996
224 A.D.2d 325 (N.Y. App. Div. 1996)
Case details for

Matter of Reisman Sch. v. Giamboi, Reiss

Case Details

Full title:In the Matter of BUDIN REISMAN SCHWARTZ, P.C., Respondent, v. GIAMBOI…

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

Date published: Feb 22, 1996

Citations

224 A.D.2d 325 (N.Y. App. Div. 1996)
637 N.Y.S.2d 730