O'Connell v. Shivaram

In an action to recover damages for medical malpractice, nonparties Ball, McDonough & Artz, EC., and Conway, Farrell, Curtin & Kelly, EC., appeal from an order of the Supreme Court, Kings County (Levine, J), dated June 14, 2005, which denied their joint motion pursuant to Judiciary Law § 474-a for an increased contingency fee award due to extraordinary circumstances.

Ordered that the order is reversed, on the law, the facts, and as an exercise of discretion, without costs or disbursements, the application is granted, and the appellants are awarded a fee of $750,000, with Ball, McDonough &…