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D'Amico v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1993
194 A.D.2d 761 (N.Y. App. Div. 1993)

Opinion

June 28, 1993

Appeal from the Supreme Court, Nassau County (Morrison, J.).


Ordered that the order is affirmed, with costs.

Despite the appellant's contentions, we find that the Supreme Court properly determined that the appellant was not entitled to a lien on the proceeds of the underlying action. It is well settled that issues of credibility are to be determined by the trier of facts and that such determinations should not be disturbed on appeal unless clearly unsupported by the record (see, Eschbach v. Eschbach, 56 N.Y.2d 167). We find that the Supreme Court's conclusion that the appellant agreed to provide the plaintiff with free legal services in the underlying action was supported by the lack of a written retainer agreement or any itemized statement relating to legal fees and services in that matter.

We have considered the appellant's remaining contentions and find that they are without merit. Rosenblatt, J.P., Copertino, Pizzuto and Joy, JJ., concur.


Summaries of

D'Amico v. Allstate Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1993
194 A.D.2d 761 (N.Y. App. Div. 1993)
Case details for

D'Amico v. Allstate Insurance Company

Case Details

Full title:RITA D'AMICO, Respondent, v. ALLSTATE INSURANCE COMPANY, Defendant. SULSKY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 28, 1993

Citations

194 A.D.2d 761 (N.Y. App. Div. 1993)
599 N.Y.S.2d 296

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