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RUSSELL OLSON et al., Plaintiffs, v. CITY OF NEW YORK, Defendant, BARASCH McGARRY, P. C., Nonparty Appellant, and SULLIVAN LIAPAKIS, P. C., Nonparty Respondent.

Ordered that the order is affirmed, with costs.

The Supreme Court arrived at an apportionment of the attorney's fee in this action after conducting a hearing at which it had ample opportunity to evaluate the evidence and assess the credibility of the witnesses, as well as to consider the experience and background of counsel and the quantity, quality, and effectiveness of the legal work performed ( see, Cody v. O'Neill, 116 A.D.2d 616). We find no basis upon which to conclude that the sum awarded to the appellant constituted other than fair and reasonable compensation ( see, Cody v. O'Neill, supra).

Bracken, J.P., Ritter, Santucci and Altman, JJ., concur.

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OLSON v. CITY OF NEW YORK
(Jan 25, 1999)