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CITY OF NEW YORK v. SIEMENS ELEC., LLC

Index No. 104330/12. Appeal No. 13958. Case No. 2020-02477.

195 A.D.3d 409 (2021)

2021 NY Slip Op 03405

City of New York et al., Respondents-Appellants, and Clifford Weiner, Appellant-Respondent, v. Siemens Electrical, LLC, Formerly Known as Schlesinger-Siemens Electrical, LLC, et al., Defendants.

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

Decided June 1, 2021.

Attorney(s) appearing for the Case

Callagy Law, P.C., New York ( Michael J. Smikun of counsel), for appellant-respondent.

James E. Johnson , Corporation Counsel, New York ( Jesse A. Townsend of counsel), for respondents-appellants.

Concur—Gische, J.P., Webber, Singh, Kennedy, JJ.

The NY FCA provides that a relator is entitled to receive between 15% and 25% of the proceeds "recovered in the action or in settlement of the action" (State Finance Law § 190[6][a]). Thus, the plain language of this statute expressly limits relator's fee to a percentage of the recovery from the settlement of this action only, i.e., the $1.5 million that was previously upheld by this Court (Weiner v City of New York, 190 A.D.3d 517...

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