Castellanos v CBS Inc., 2011 NY Slip Op 07923 [89 AD3d 499]

November 10, 2011

Appellate Division, First Department

— [*1]

The Taub Law Firm, PC, New York (Elliot H. Taub of counsel), for appellant.

Levine & Gilbert, New York (Harvey A. Levine of counsel), for respondent.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered April 25, 2011, which, in a dispute between plaintiff’s outgoing and incoming counsel as to the division of a contingency fee earned in a personal injury action, apportioned 60% of the fee to plaintiff’s incoming attorneys and 40% to the outgoing attorneys, unanimously modified, on the facts, to amend the amount of the net contingency fee from $116,660 to $115,314.61, and otherwise affirmed, without costs.

The motion court providently exercised its discretion in apportioning the contingency fee ( see Garrett v New York City Health & Hosps. Corp. , 25 AD3d 424 , 425 [2006]). The court properly considered all relevant factors, including time spent on the case, the quality of the work performed, and the amount recovered ( see Diakrousis v Maganga , 61 AD3d 469 [2009]). We [*2] modify solely to correct the amount of the total fee to be apportioned.

We have considered the incoming counsel’s remaining arguments and find them unavailing. Concur—Tom, J.P., Andrias, Acosta, Freedman and Richter, JJ..