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CELLINO & BARNES, P.C. v. MARTIN, LISTER & ALVAREZ, PLC

977 CA 20-00608.

191 A.D.3d 1459 (2021)

142 N.Y.S.3d 264

2021 NY Slip Op 00961

Cellino & Barnes, P.C., Respondent, v. Martin, Lister & Alvarez, PLC, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 11, 2021.

Attorney(s) appearing for the Case

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE ( DANIEL R. ROSE OF COUNSEL), FOR DEFENDANT-APPELLANT.

CELLINO & BARNES, P.C., BUFFALO ( GREGORY V. PAJAK OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Troutman, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: This appeal involves a dispute between two law firms over the attorneys' fees earned in a personal injury action arising from a motor vehicle accident. Defendant, Martin, Lister & Alvarez, PLC (MLA), appeals from an order that denied its motion to vacate a judgment that, inter alia, split the attorneys' fees in half between MLA and plaintiff, Cellino & Barnes...

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