In re Cardali

Appellate Division of the Supreme Court of New York

In re Cardali

225 A.D.2d 474, 639 N.Y.2d 379, 639 N.Y.S.2d 379, 1996 N.Y. App. Div. LEXIS 3177

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

DecidedMarch 26, 1996

StatusPublished

Cited by1 cases

This text of 225 A.D.2d 474 (In re Cardali) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Cardali, 225 A.D.2d 474, 639 N.Y.2d 379, 639 N.Y.S.2d 379, 1996 N.Y. App. Div. LEXIS 3177 (N.Y. Ct. App. 1996).

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Opinion

The retainer agreement between appellant and mother of the infant plaintiff provided for a fee of one-third of the total amount recovered by suit or settlement after deduction of legal expenses. The lawsuit was tentatively settled for $275,000, including an attorney’s fee of $89,000, which the IAS Court reduced to $52,559.51, arrived at by deducting, from the settle[475]*475ment amount of $275,000, a Department of Social Services Medicaid lien of $57,998.82 and disbursements of $6,763.14, for a net of $210,238.04, and applying a contingency rate of 25%. While we do not disagree with the reduction of the rate from one-third to one-foúrth, in combination with the deduction of the lien the end result was unfair to appellant (cf., 22 NYCRR 603.7 [e] [3], [6]). Recomputation of the award, without deduction of the lien, results in more appropriate compensation of $67,059.22 ($275,000 - $6,763.14 X 25%). Concur — Milonas, J. P., Wallach, Ross and Mazzarelli, JJ.

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The retainer agreement between appellant and mother of the infant plaintiff provided for a fee of one-third of the total amount recovered by suit or settlement after deduction of legal expenses. The lawsuit was tentatively settled for $275,000, including an attorney’s fee of $89,000, which the IAS Court reduced to $52,559.51, arrived at by deducting, from the settle[475]*475ment amount of $275,000, a Department of Social Services Medicaid lien of $57,998.82 and disbursements of $6,763.14, for a net of $210,238.04, and applying a contingency rate of 25%. While we do not disagree with the reduction of the rate from one-third to one-foúrth, in combination with the deduction of the lien the end result was unfair to appellant (cf., 22 NYCRR 603.7 [e] [3], [6]). Recomputation of the award, without deduction of the lien, results in more appropriate compensation of $67,059.22 ($275,000 - $6,763.14 X 25%). Concur — Milonas, J. P., Wallach, Ross and Mazzarelli, JJ.

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Bluebook (online)

225 A.D.2d 474, 639 N.Y.2d 379, 639 N.Y.S.2d 379, 1996 N.Y. App. Div. LEXIS 3177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cardali-nyappdiv-1996.

Opinion

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