MATTER OF BLUMERT v. NANNY HAGEN LEASING, LTD.


283 A.D.2d 642 (2001)

724 N.Y.S.2d 774

In the Matter of JACQUELINE F. BLUMERT, Respondent, v. NANNY HAGEN LEASING, LTD., et al., Defendants. CHARLES BERKMAN, Nonparty Appellant.

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

Decided May 29, 2001.


Ordered that the order is modified, on the law and the facts, by deleting the provision thereof awarding the appellant an attorney's fee in the sum of $28,000 and substituting therefor a provision awarding the sum of $49,000; as so modified, the order is affirmed insofar as appealed from, with costs to the appellant.

Under the circumstances of this case, the appellant is entitled to recover in quantum meruit an attorney's fee in the sum of $49,000 based upon the number...

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