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MEDINA v. MILLWOOD MKT., LLC

Index No. 309640/10. Appeal No. 14542-14542A. Case Nos. 2020-04391, 2021-01903, 2021-01930.

199 A.D.3d 420 (2021)

153 N.Y.S.3d 853

2021 NY Slip Op 06048

Corpo Medina, Plaintiff, v. Millwood Market, LLC, et al., Defendants. Ross Legan Rosenberg Zelen and Flaks, LLP, Nonparty Appellant; Philip Newman, P.C., Nonparty Respondent.

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

Decided November 4, 2021.

Attorney(s) appearing for the Case

Ross Legan Rosenberg Zelen & Flaks, LLP, New York ( Michael Flaks of counsel), for appellant.

Paul Bibuld , Bronx, for respondent.

Concur—Gische, J.P., Mazzarelli, Shulman, Pitt, Higgitt, JJ.

Supreme Court correctly found that outgoing counsel was not discharged for cause. Incoming counsel's arguments on this issue either put form over substance or amount to a difference of opinion concerning strategy (see generally Costello v Kiaer, 278 A.D.2d 50 [1st Dept 2000]). The court also providently exercised its discretion in allocating the fees (see e.g. Rivera v Walter, 122 A.D.3d 442

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