MARTIN v. FELTINGOFF

The incoming attorneys got the case mediation-ready and trial-ready by preparing and developing the damages portion, specifically, plaintiff's extensive emotional and psychological injuries arising from a horrific accident in which an out-of-control motor vehicle struck her as she dined inside a restaurant. Although the outgoing attorney may have devoted more hours to the case, time spent is just one of a number of factors to be considered in apportioning the fee. Others include quality of service and the contributions of the respective attorneys toward achieving the outcome ( Board of Mgrs. of Boro Park Vil.-Phase I Condominium v. Boro Park Townhouse Assoc., 284 A.D.2d 237), as well as the experience, ability and reputation of the attorneys ( Ebrahimian v. Long Is. R.R., 269 A.D.2d 488). Here, the quality of the incoming attorneys' work was of far greater significance in reaching the $1.9 million settlement.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.