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HILDA GORE, Respondent, v. MARK KRESSNER, Appellant.

Pursuant to written agreements, defendant agreed to divide the recovery, if any, in various personal injury actions referred to defendant by plaintiff's decedent. It is well settled that such agreements will be upheld in accordance with their terms where the referring attorney "contributed some work, labor or service toward the earning of the fee" (Oberman v. Reilly, 66 A.D.2d 686, 687, lv dismissed 48 N.Y.2d 654; Matter of Fuller, 122 A.D.2d 792; A. Stanley Proner, P.C. v. Julien Schlesinger, 134 A.D.2d 182). We are satisfied that plaintiff's decedent provided sufficient services to justify the judgment in her favor.

Concur — Kupferman, J.P., Ross, Milonas, Rosenberger and Ellerin, JJ.

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GORE v. KRESSNER
(Jan 23, 1990)