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SALAS-ALEMAN v. LENOX MANOR OWNERS, INC.

Index No. 304012/13E. Appeal No. 16721. Case No. 2021-02188.

210 A.D.3d 564 (2022)

176 N.Y.S.3d 784

2022 NY Slip Op 06646

Casimiro Salas-Aleman, Plaintiff, v. Lenox Manor Owners, Inc., et al., Defendants. (And a Third-Party Action.) The Flomenhaft Law Firm, PLLC, Nonparty Appellant, v. Wingate, Russotti, Shapiro & Halperin, LLP, Nonparty Respondent.

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

Decided November 22, 2022.

Attorney(s) appearing for the Case

The Flomenhaft Law Firm, PLLC, New York ( Andrew Wanger of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Oing, Moulton, González, JJ.

Order, Supreme Court, Bronx County (Theresa Ciccotto, J.), entered on or about May 28, 2021, which, in a dispute between plaintiff's outgoing and incoming counsel as to the division of a contingency fee earned in a personal injury action, granted the motion of Wingate, Russotti, Shapiro & Halperin, LLP (Wingate) to the extent of allocating to it 90% of the fee, unanimously affirmed, without costs.

The motion court providently exercised its discretion in allocating...

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