FUENTES v. BROOKHAVEN MEMORIAL HOSPITAL


43 A.D.3d 992 (2007)

843 N.Y.S.2d 639

CARMEN FUENTES et al., Plaintiffs, v. BROOKHAVEN MEMORIAL HOSPITAL et al., Defendants. PULVERS PULVERS & THOMPSON, LLP, Nonparty Appellant; RAPPAPORT GLASS GREENE & LEVINE LLP, Nonparty Respondent. (And a Third-Party Action.)

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

Decided September 18, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which, in effect, was to preclude the nonparty appellant's entitlement to an award of an attorney's fee is denied, and the matter is remitted to the Supreme Court, Suffolk County, for a determination of the proportionate amount of the total attorney's fee to be awarded to the nonparty appellant.

On or about August 28, 1992 the plaintiff Carmen Fuentes (hereinafter...

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