CAMACHO v. G&R GARAGE

Index No. 20634/14, Appeal No. 1732, Case No. 2023-04394.

2024 NY Slip Op 00931

KISHA CAMACHO, Plaintiff, v. G&R GARAGE ET AL., Defendants. NAPOLI SHKOLNIK, PLLC, Nonparty, Appellant. HAUSMAN & PENDZICK, Nonparty-Respondent.

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

Decided February 22, 2024.


Attorney(s) appearing for the Case

Napoli Shkolnik, PLLC, New York ( Nestor D. Galarza of counsel), for appellant.

Hausman & Pendzick, Pound Ridge ( Elizabeth M. Pendzick of counsel), for respondent

Before: Oing, J.P., Kapnick, Kennedy, Mendez, Higgitt, JJ.


Order, Supreme Court, Bronx County (Marissa Soto, J.), entered February 3, 2023, which denied nonparty appellant Napoli Shkolnik, PLLC's motion for legal fees, unanimously affirmed, with costs.

Napoli Shkolnik failed to establish that it was entitled to a charging lien upon the settlement proceeds in the underlying personal injury action, as it neither commenced the action nor appeared on plaintiff's behalf during any part of the legal proceeding (see Judiciary...

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