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EVANS v. GARCIA

Index No. 25345/16E. Appeal No. 14930. Case No. 2020-03091.

200 A.D.3d 606 (2021)

155 N.Y.S.3d 773

2021 NY Slip Op 07508

Thomas Evans, Plaintiff, v. Pablo Garcia et al., Defendants. Harry I. Katz P.C., Nonparty Appellant, v. Kaston & Aberle, LLP, Nonparty Respondent.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Shayne, Dachs, New York ( Jonathan A. Dachs of counsel), for appellant.

Kaston & Aberle, LLP, Mineola ( Richard M. Aberle of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, Gesmer, González, Rodriguez, JJ.

The record shows that the Katz Firm performed the bulk of the work that contributed to the settlement of plaintiff's case and that it is therefore entitled to a larger share of the fees (see e.g. Diakrousis v Maganga, 61 A.D.3d 469 [1st Dept 2009]; Sammon v Green, 63 A.D.2d 872, 873 [1st Dept 1978]; Tucker v Schwartzapfel Lawyers, P.C., 196 A.D.3d 527, 529 [2d Dept 2021]). During...

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