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IN THE MATTER OF NEW YORK REZULIN PRODUCTS LIABILITY LITIGATION

1250, 752000/00, 104463/04

66 A.D.3d 560 (2009)

886 N.Y.S.2d 597

2009 NY Slip Op 7496

In the Matter of NEW YORK REZULIN PRODUCTS LIABILITY LITIGATION. WILLIAM ANDREWS et al., Plaintiffs, v. PFIZER, INC., et al., Defendants. GIRARDI/KEESE, Nonparty Appellant; DUFFY, DUFFY & BURDO, ESQ., Nonparty Respondent.

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

Decided October 22, 2009.

There is no basis to disturb the court's determination in favor of Duffy (see Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495 [1992]). At the hearing, Girardi called no witnesses on its own behalf to contradict the testimony of Duffy's witnesses as to the existence of an oral one-third fee arrangement between the two firms. The court properly declined to consider affidavits by a witness...

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