Legal Opinion

Rosado v. Alhati

Appellate Division of the Supreme Court of the State of New York

Decided September 26, 2013Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered January 15, 2013, which, in a dispute between plaintiffs’ outgoing and incoming counsel as to the division of a contingency fee earned in a personal injury action, denied the motion of Brand Brand Nomberg & Rosenbaum, LLP (BBNR) for a charging lien, and allocated to it 5% of the subject fee, unanimously affirmed, without costs.

The motion court’s apportionment of the contingency fee was a provident exercise of discretion. The court analyzed “the relevant factors including the amount of time spent by the attorneys on the case, the…

2Cases cited3 opinions

  1. Diakrousis v. MagangaAppellate Division of the Supreme Court of the State of New York · 2009
  2. Hinds v. KilgallenAppellate Division of the Supreme Court of the State of New York · 2011
  3. Yahudaii v. BaroukhianAppellate Division of the Supreme Court of the State of New York · 2011

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