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SMALLEY v. NEW YORK STATE POWER AUTHORITY

267 A.D.2d 975 (1999)

700 N.Y.S.2d 908

CRAIG SMALLEY et al., Plaintiffs, v. NEW YORK STATE POWER AUTHORITY et al., Defendants. ROBERT S. BENNETT, Nonparty Appellant; PHILIP S. GELLMAN, Nonparty Respondent.

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

Decided December 30, 1999.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting the motion of attorney Philip S. Gellman precluding attorney Robert S. Bennett from receiving any portion of the legal fee obtained in the settlement of the underlying personal injury action. Gellman contends that he and Bennett verbally agreed to a division of labor not reflected in their July 21, 1997 written employment...

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