O'CONNELL v. SHIVARAM


37 A.D.3d 435 (2007)

830 N.Y.S.2d 720

MICHAEL O'CONNELL et al., Plaintiffs, v. INDUKALA SHIVARAM et al., Defendants. BALL, McDONOUGH & ARTZ, et al., Nonparty Appellants.

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

Decided February 6, 2007.


Ordered that the order is reversed, on the law, the facts, and as an exercise of discretion, without costs or disbursements, the application is granted, and the appellants are awarded a fee of $750,000, with Ball, McDonough & Artz, P.C., to receive 60% and Conway, Farrell, Curtin & Kelly, P.C., to receive 40% of the fee.

We agree that the Supreme Court improvidently exercised its discretion in denying the application of the nonparty appellant law firms, Ball...

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