New York Rezulin Products Liability Litigation v. Pfizer, Inc.

Appellate Division of the Supreme Court of New York

New York Rezulin Products Liability Litigation v. Pfizer, Inc.

66 A.D.2d 560, 886 N.Y.S.2d 597

Appellate Division of the Supreme Court of the State of New York·Decided October 22, 2009·Published

Opinion

Judgment, Supreme Court, New York County (Helen E. Freedman, J.), entered June 19, 2008, in favor of nonparty Duffy, Duffy & Burdo, Esqs. (Duffy) and against nonparty Girardi/ Keese (Girardi) in the sum of $1,261,521.18, unanimously affirmed, without costs.

There is no basis to disturb the court’s determination in favor of Duffy (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [561]*561[1992]). At the hearing, Girardi called no witnesses on its own behalf to contradict the testimony of Duffy’s witnesses as to the existence of an oral one-third fee arrangement between the two firms. The court properly declined to consider affidavits by a witness who was not available for cross-examination in court (see Seinfeld v Robinson, 300 AD2d 208 [2002]).

We have considered Girardi’s remaining arguments and find them unavailing. Concur—Gonzalez, P.J., Mazzarelli, Sweeny, Renwick and Richter, JJ.

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Judgment, Supreme Court, New York County (Helen E. Freedman, J.), entered June 19, 2008, in favor of nonparty Duffy, Duffy & Burdo, Esqs. (Duffy) and against nonparty Girardi/ Keese (Girardi) in the sum of $1,261,521.18, unanimously affirmed, without costs.

There is no basis to disturb the court’s determination in favor of Duffy (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [561]*561[1992]). At the hearing, Girardi called no witnesses on its own behalf to contradict the testimony of Duffy’s witnesses as to the existence of an oral one-third fee arrangement between the two firms. The court properly declined to consider affidavits by a witness who was not available for cross-examination in court (see Seinfeld v Robinson, 300 AD2d 208 [2002]).

We have considered Girardi’s remaining arguments and find them unavailing. Concur—Gonzalez, P.J., Mazzarelli, Sweeny, Renwick and Richter, JJ.

New York Rezulin Products Liability Litigation v. Pfizer, Inc., 66 A.D.2d 560, 886 N.Y.S.2d 597 (N.Y. Ct. App. 2009).

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Opinion

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