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WENDY POULAS, Plaintiff, v. JAMES LENOX HOUSE, INC., et al., Defendants. LEVY, PHILLIPS KONIGSBERG, LLP, Nonparty Respondent; GINSBERG BROOME, P.C., Nonparty Appellant.

The motion court properly exercised its discretion in confirming the Special Referee's findings that the minimal work performed by the outgoing law firm Ginsberg Broome, P.C. in the prosecution of the plaintiff's personal injury claim entitled it to only a thirtieth of the total contingency fees paid based on the settlement obtained for plaintiff. The outgoing firm merely filed and served a three-page summons and complaint in the action and obtained some medical records during the 11 months it served as plaintiff's attorney. The incoming firm, Levy, Phillips Konigsberg, LLP, by contrast, inter alia, responded to defendants' discovery requests, conducted approximately 10 depositions, retained experts on liability and damages, conducted voir dire, engaged in settlement negotiations and secured a highly favorable settlement for plaintiff, whose injuries, although serious, were difficult to establish clinically ( see Matter of Haywoode [Frost Berenholtz], 225 AD2d 420).

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POULAS v. JAMES LENOX HOUSE, INC
(Oct 19, 2004)