Marcano v U-Haul Co. of Va., 2011 NY Slip Op 01704 [82 AD3d 479]

March 8, 2011

Appellate Division, First Department

— [*1]

Arthur J. Grosshandler, New York, appellant pro se.

Tiger & Daguanno, L.L.P., New York (James E. Daguanno of counsel for respondent.

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered January 6, 2010, which denied appellant outgoing attorney’s motion to reject the referee’s report recommending the apportionment of 25% of legal fees to him and 75% to respondent incoming counsel, unanimously affirmed, with costs.

The referee’s findings are supported by the record ( see Baker v Kohler , 28 AD3d 375 , 375-376 [2006], lv denied 7 NY3d 885 [2006]). Plaintiff’s subjective satisfaction speaks to the relative quality of the attorneys’ services, a relevant factor in apportioning the fee ( see Diakrousis v Maganga , 61 AD3d 469 [2009]). The record establishes that appellant’s contributions were duly considered by the referee and the court.

We have considered appellant’s remaining contentions and find them unavailing. Concur—Tom, J.P., Sweeny, Renwick, Freedman and Manzanet-Daniels, JJ..