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AYALA v. THE S.S. FORTALEZ

253 A.D.2d 721 (1998)

678 N.Y.S.2d 14

Domingo Ayala et al., Plaintiffs, v. The S. S. Fortalez et al., Defendants. Bosco, Bisignano & Mascolo, Appellant, v. Kenneth Heller et al., Respondents

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

September 29, 1998

While the JHO's finding that the attorneys in the personal injury action did not have an oral agreement to share any contingency fee equally turned largely on witness credibility (see, Namer v 152-54-56 W. 15th St. Realty Corp., 108 A.D.2d 705), the record contains additional, nontestimonial and compelling evidence to support such finding. The stipulation the parties signed when...

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