Levy v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

This ex parte application for the disposition of proceeds of an infant’s claim pursuant to CPLR 1206 presents two issues: (1) whether counsel should be reimbursed for moneys expended for "trial preparation” and paid to a firm of private *782investigators, and (2) whether litigation expenses should be apportioned between the infant’s award and the award to the parents upon their derivative cause of action.

The claim arose out of an accident in which a three- and one-half-year-old child fell upon an exposed bolt protruding from a playground device. After…