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Sickmen v. Birzon, Szczepanowski Quinn

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2000
276 A.D.2d 689 (N.Y. App. Div. 2000)

Opinion

Argued September 22, 2000

October 23, 2000.

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Kitson, J.), dated October 20, 1999, which granted the plaintiff's motion for summary judgment on the complaint and denied its cross motion for summary judgment dismissing the complaint.

Birzon, Quinn, Strang Huber, Smithtown, N.Y. (Joseph K. Strang of counsel), for appellant .

Pulvers Pulvers Thompson Kutner, LLP, New York, N.Y. (Marc R. Thompson of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

"It has long been understood that in disputes among attorneys over the enforcement of fee-sharing agreements the courts will not inquire into the precise worth of the services performed by the parties as long as each party actually contributed to the legal work and there is no claim that either `refused to contribute more substantially'" (Benjamin v. Koeppel, 85 N.Y.2d 549, 556, quoting Sterling v. Miller, 2 A.D.2d 900, affd 3 N.Y.2d 778; see also, Witt v. Cohen, 1 92 A.D.2d 528; Gore v. Kressner, 157 A.D.2d 575).

The Supreme Court correctly determined that the plaintiff provided sufficient legal services toward the earning of the fees generated by settlement of the claims at issue and thus was entitled to his share of the total fee as allocated in the parties' agreement (see, Matter of Fuller, 122 A.D.2d 792; Stinnett v. Sears Roebuck Co., 201 A.D.2d 362).

The defendant's remaining contentions are without merit.


Summaries of

Sickmen v. Birzon, Szczepanowski Quinn

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2000
276 A.D.2d 689 (N.Y. App. Div. 2000)
Case details for

Sickmen v. Birzon, Szczepanowski Quinn

Case Details

Full title:RONALD M. SICKMEN, ETC., RESPONDENT, v. BIRZON, SZCZEPANOWSKI QUINN…

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

Date published: Oct 23, 2000

Citations

276 A.D.2d 689 (N.Y. App. Div. 2000)
716 N.Y.S.2d 581