Ordered that the judgment in the consolidated actions Nos. 1 and 2 is modified, on the law and the facts, by adding a provision thereto awarding the appellant judgment against Fuchsberg and Fuchsberg on his third cause of action in the principal sum of $949. As so modified, the judgment is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a computation of interest and entry of an appropriate amended judgment; and it is further,
Ordered that the judgment in action No. 3 is affirmed, without costs or disbursements; and it is further,
Ordered that the judgment in action No. 4 is affirmed insofar as appealed from, without costs or disbursements.
Applying the well-settled standard of review with respect to nonjury trials (see, Northern Westchester Professional Park Assocs. v. Town of Bedford, 60 N.Y.2d 492, 499; Matter of Fasano v State of New York, 113 A.D.2d 885, 887-888), we conclude that the trial court did not err when it found that the appellant Jesse Sable was an associate of the firm of the respondent Fuchsberg Fuchsberg and that the agreement with respect to the sharing of legal fees between Sable and the Fuchsberg firm was the arrangement testified to by Abraham Fuchsberg. However, the trial court erred in failing to award Sable 50% of the fee paid to Fuchsberg Fuchsberg for its services in the so-called Kligman matter, apparently having overlooked the Fuchsberg concession that this was the fee agreement in that case.
Since Sable was an associate of the Fuchsberg firm, Code of Professional Responsibility DR 2-107 is inapplicable to the fee-sharing arrangements at issue in this case. We have reviewed Sable's remaining contentions and have found them to be without merit. Bracken, J.P., Rubin, Sullivan and Harwood, JJ., concur.