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COLLUM v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

291 A.D.2d 527 (2002)

737 N.Y.S.2d 863

JONATHAN COLLUM et al., Plaintiffs, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Defendants. LOUIS VENEZIA, Nonparty Appellant-Respondent; SHAYNE, DACHS, STANISCI, CORKER & SAUER, et al., Nonparty Respondents-Appellants.

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

Decided February 25, 2002.

Ordered that the order is reversed, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a hearing on the issue of the apportionment of attorneys' fees.

Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in apportioning attorneys' fees between the plaintiffs' former attorneys and their present attorneys based solely upon the affidavits...

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