FICUS INVESTMENTS, INC. v. PRIVATE CAPITAL MANAGEMENT, LLC


63 A.D.3d 611 (2009)

FICUS INVESTMENTS, INC., et al., Respondents, v. PRIVATE CAPITAL MANAGEMENT, LLC, et al., Defendants, and THOMAS B. DONOVAN, Appellant. SCHLAM STONE & DOLAN LLP, Nonparty Appellant. (And Other Actions.) Ficus INVESTMENT, INC., Plaintiff, and PRIVATE CAPITAL GROUP, LLC, Appellant, v. THOMAS B. DONOVAN, Respondent, et al., Defendants. (And Other Actions.)

Appellate Division of the Supreme Court of New York, First Department.

Decided June 25, 2009.


The referee's recommendation that no allocation of legal fees and expenses billed by three law firms that represented Donovan was required because the firms also represented other defendants who either were not entitled to advancement of legal fees and expenses or did not seek such advancement prior to settling was an equitable resolution of the issue, fully supported by the evidentiary record, and consistent with the purpose of...

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