Legal Opinion

Castellanos v. CBS Inc.

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

Decided November 10, 2011PublishedCited by 4 opinions

1Opinion of the Court

The motion court providently exercised its discretion in apportioning the contingency fee (see Garrett v New York City Health & Hosps. Corp., 25 AD3d 424, 425 [2006]). The court properly considered all relevant factors, including time spent on the case, the quality of the work performed, and the amount recovered (see Diakrousis v Maganga, 61 AD3d 469 [2009]). We modify solely to correct the amount of the total fee to be apportioned.

We have considered the incoming counsel’s remaining arguments and find them unavailing. Concur — Tom, J.E, Andrias, Acosta, Freedman and Richter, JJ.

2Cases cited2 opinions

  1. Diakrousis v. MagangaAppellate Division of the Supreme Court of the State of New York · 2009
  2. Garrett v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by4 opinions

  1. Catinella v. Mecca & Son Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Rivera v. WalterAppellate Division of the Supreme Court of the State of New York · 2014
  3. Hopper v. Premier Coach, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Hopper v. Premier Coach, Inc.Appellate Division of the Supreme Court of the State of New York · 2013