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MAZZA v. MARCELLO

20 A.D.3d 554 (2005)

799 N.Y.S.2d 151

THOMAS MAZZA, Plaintiff, v. ROBERT MARCELLO, Defendant. DONALD FRIEDMAN, P.C., Nonparty Appellant; JACOBY & MEYERS, LLP, Nonparty Respondent.

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

July 25, 2005.

Ordered that the order is affirmed, with costs.

The issue of apportionment of an attorney's fee is controlled by the circumstances and equities of each particular case, and the trial court is in the best position to assess such factors (see Juste v New York City Tr. Auth., 5 A.D.3d 736 [2004]; Ebrahimian v Long Is. R.R., 269 A.D.2d 488 [2000]). Contrary to the appellant's contention...

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