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SALAS-ALEMAN v. LENOX MANOR OWNERS, INC.

Index No. 304012/13E. Appeal No. 16721. Case No. 2021-02188.

210 A.D.3d 564 (2022)

176 N.Y.S.3d 784

2022 NY Slip Op 06646

Casimiro Salas-Aleman, Plaintiff, v. Lenox Manor Owners, Inc., et al., Defendants. (And a Third-Party Action.) The Flomenhaft Law Firm, PLLC, Nonparty Appellant, v. Wingate, Russotti, Shapiro & Halperin, LLP, Nonparty Respondent.

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

Decided November 22, 2022.

Attorney(s) appearing for the Case

The Flomenhaft Law Firm, PLLC, New York (Andrew Wanger of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Oing, Moulton, González, JJ.

Order, Supreme Court, Bronx County (Theresa Ciccotto, J.), entered on or about May 28, 2021, which, in a dispute between plaintiff's outgoing and incoming counsel as to the division of a contingency fee earned in a personal injury action, granted the motion of Wingate, Russotti, Shapiro & Halperin, LLP (Wingate) to the extent of allocating to it 90% of the fee, unanimously affirmed, without costs.

The motion court providently exercised its discretion in allocating...

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