DOE v. YISROEL

2014-07670, Index No. 38121/06.

131 A.D.3d 1097 (2015)

16 N.Y.S.3d 754

2015 NY Slip Op 06881

JOHN DOE, an Infant, by His Mother and Natural Guardian, JANE DOE, et al., Plaintiffs, v. MESIVTA BAIS YISROEL et al., Defendants. LAW OFFICE OF GERALD P. GROSS, Nonparty Appellant; ERIC H. GREEN, Nonparty Respondent.

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

Decided September 23, 2015.


Ordered that the order is affirmed, with costs.

This appeal concerns a dispute over the division of a contingency fee between the plaintiffs' outgoing and incoming counsel. The Supreme Court denied the nonparty appellant's motion, in effect, to reject the report of a Referee dated February 21, 2014, awarding it only 75% of the fee, and granted the cross motion of nonparty Eric H. Green to confirm that report.

Generally, a referee's report should be confirmed...

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