Sparks v. Barry's Plumbing & Heating Corp.

Appellate Division of the Supreme Court of New York

Sparks v. Barry's Plumbing & Heating Corp.

230 A.D.2d 606, 646 N.Y.S.2d 5, 1996 N.Y. App. Div. LEXIS 8021

Appellate Division of the Supreme Court of the State of New York·Decided August 1, 1996·Published·Cited by 2 cases

Opinion

—Judgment, Supreme Court, Bronx County (Luis Gonzalez, J.), entered November 9, 1994, which awarded respondent Garber legal fees in the amount of $49,000, plus interest, unanimously modified, on the law, without costs, to reduce the award to $24,500, plus interest.

Having properly found that the award of legal fees to respondent Garber, who provided partial representation to the plaintiff in the underlying action, should be made on a quantum meruit basis, it was error to compute the amount of the award by reference to a percentage of the contingent fee awarded to appellant. The essentially uncontested evidence before the Judicial Hearing Officer that respondent had [607]*607expended 70 hours on the matter, computed at, a rate of $350 per hour, supports an award to respondent of $24,500.

Concur— Sullivan, J. P., Ellerin, Rubin and Tom, JJ.

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—Judgment, Supreme Court, Bronx County (Luis Gonzalez, J.), entered November 9, 1994, which awarded respondent Garber legal fees in the amount of $49,000, plus interest, unanimously modified, on the law, without costs, to reduce the award to $24,500, plus interest.

Having properly found that the award of legal fees to respondent Garber, who provided partial representation to the plaintiff in the underlying action, should be made on a quantum meruit basis, it was error to compute the amount of the award by reference to a percentage of the contingent fee awarded to appellant. The essentially uncontested evidence before the Judicial Hearing Officer that respondent had [607]*607expended 70 hours on the matter, computed at, a rate of $350 per hour, supports an award to respondent of $24,500.

Concur— Sullivan, J. P., Ellerin, Rubin and Tom, JJ.

Sparks v. Barry's Plumbing & Heating Corp., 230 A.D.2d 606, 646 N.Y.S.2d 5, 1996 N.Y. App. Div. LEXIS 8021 (N.Y. Ct. App. 1996).

Pincite

230 A.D.2d 606 (Sparks v. Barry's Plumbing & Heating Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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