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BORGIA v. CITY OF NEW YORK

259 A.D.2d 648 (1999)

685 N.Y.S.2d 628

PAUL BORGIA et al., Plaintiffs, v. CITY OF NEW YORK, Defendant, BARASCH & McGARRY, P. C., Nonparty Appellant, and DOMINICK F. CALLO, P. C., Nonparty Respondent.

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

Decided March 22, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the underlying agreement between the plaintiffs' first counsel in this action, Dominick F. Callo, P. C. (hereinafter Callo), and the second counsel, McDonough, Marcus, Cohn & Tretter, P. C. (hereinafter McDonough), entitles Callo at this juncture to 33 1/3% of the entirety of the attorneys' fees recovered herein, notwithstanding any subsequent fee-sharing arrangements between...

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