Yalango v. Popp

Crew III, J. (dissenting).

I respectfully dissent. I agree with the majority that Judiciary Law § 474-a (4) provides for deviation from the statutory fee schedule where, due to extraordinary circumstances, the compensation provided thereby is inadequate and that the determination of whether a fee greater than that provided by the schedule is warranted is a matter of discretion vested in the trial court. However, I disagree with the majority’s conclusion that Supreme Court was justified in awarding a greater fee based solely upon the extraordinary result achieved and the thorough and skilled…