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ALBUNIO v. CITY OF NEW YORK

No. 49.

23 N.Y.3d 65 (2014)

11 N.E.3d 1104

989 N.Y.S.2d 1

2014 NY Slip Op 2325

LORI ALBUNIO et al., Appellants, v. CITY OF NEW YORK et al., Defendants. MARY D. DORMAN, Nonparty Respondent.

Court of Appeals of New York.

Decided April 3, 2014.

Attorney(s) appearing for the Case

Law Office of Leon Friedman, New York City ( Leon Friedman of counsel), for appellants.

Law Office of Paul O'Dwyer, New York City ( Paul J. O'Dwyer of counsel), for nonparty respondent.

Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

Chief Judge LIPPMAN.

This appeal concerns the appropriate treatment of statutory counsel fees awarded under the New York City Human Rights Law where the contingency fee agreement does not explicitly mention statutory fees. We hold that, absent a contract term expressly providing for a different distribution, an attorney is entitled to the greater of either the contingency fee or the statutory award.

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