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McCARTHY v. ROBERTS ROOFING AND SIDING COMPANY, INC.

45 A.D.3d 1375 (2007)

846 N.Y.S.2d 492

DAVID A. McCARTHY, Plaintiff, v. ROBERTS ROOFING AND SIDING COMPANY, INC. (Improperly Sued as JACK D. ROBERTS, Doing Business as ROBERTS ROOFING), Defendant. BROWN CHIARI, LLP, Appellant; A. ANGELO DIMILLO, Respondent.

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

Decided November 9, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Brown Chiari, LLP (Brown Chiari), the law firm representing plaintiff when this personal injury action was settled, appeals from an order granting the motion of A. Angelo DiMillo, plaintiff's outgoing attorney, to enforce his attorney's lien upon the settlement proceeds received in this action and awarding him 35% of the net contingent...

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