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BENJAMIN EBRAHIMIAN, plaintiff, v. LONG ISLAND RAILROAD, et al., defendants; SHAYNE, DACHS, STANISCI, CORKER SAUER, nonparty appellant; OSHMAN HELFENSTEIN, LLP, nonparty respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

It is well settled that the award of reasonable counsel fees is within the sound discretion of the trial court (see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879 ) based upon factors such as the time and labor required, the difficulty of the questions involved, the skill required to handle the matter, and the attorneys' experience, ability, and reputation (see, Matter of Ury, 108 A.D.2d 816 ). The issue of the apportionment of attorneys' fees is controlled by the circumstances and equities of each particular case (see, Grossman v. Grossman, 260 A.D.2d 602 ), and the trial court is in the best position to assess these factors (see, Matter of Braham v. Braham, 264 A.D.2d 418; [2d Dept., Aug. 9, 1999]). Under the facts of this case, the Supreme Court providently exercised its discretion in the apportionment of the legal fees.

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EBRAHIMIAN v. LONG ISLAND RAILROAD
(Feb 24, 2000)