SHIBOLETH v. YERUSHALMI

2015, 600350/98.

143 A.D.3d 607 (2016)

2016 NY Slip Op 06961

39 N.Y.S.3d 765

AMNON SHIBOLETH et al., Respondents, v. JOSEPH YERUSHALMI et al., Appellants, et al., Defendants.

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

Decided October 25, 2016.


A fair interpretation of the evidence supports the Special Referee's finding of fact that the $901,332 payment from the National Kibbutz Movement (NKM) was in partial satisfaction of the fee owed by the Phoenix Group to plaintiff law firm based on work performed before the dissolution of the firm. However, the Special Referee, in reapportioning the Phoenix fee, failed to take into consideration the fact, as established by the evidence, that the $901,332 payment, as well as...

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