Catinella v. Mecca & Son Trucking Corp.

This appeal concerns a dispute over the division of a contingency fee between the plaintiffs outgoing and incoming counsel in an action to recover damages for personal injuries. The Supreme Court awarded the outgoing counsel an attorney’s fee in the sum of $17,500, which amounted to approximately seven percent of the total net contingency fee of $246,476.14.

The Supreme Court did not improvidently exercise its discretion in determining that outgoing counsel was entitled to $17,500 as its portion of the contingency fee (see Castellanos v CBS Inc., 89 AD3d 499 [2011]; Diakrousis v Maganga, 61…