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Maloku v. Nikkah

Appellate Division of the Supreme Court of New York, First Department
May 20, 1997
239 A.D.2d 255 (N.Y. App. Div. 1997)

Opinion

May 20, 1997

Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).


The Judicial Hearing Officer properly took into account the numerous factors pertinent to the fixing of outgoing counsel fees in quantum meruit ( see, Matter of Freeman, 34 N.Y.2d 1, 9), and appellants' arguments to the contrary represent nothing more than their own self-serving view of the evidence, which gives this Court no reason to disturb the factual determinations ( see, Antzakas v. Farmland Dairies, 202 A.D.2d 324). Outgoing counsel was properly granted an immediate hearing to fix the quantum meruit amount ( see, Matter of Schwartz, r 235 A.D.2d 482), and it was within the motion court's discretion to determine that payment to outgoing counsel be deferred until the conclusion of the action, rather than be made immediately ( see, Hom v. Hom, 210 A.D.2d 296, 298). We have considered the parties' remaining contentions for affirmative relief and find them to be without merit.

Concur — Murphy, P.J., Wallach, Tom and Mazzarelli, JJ.


Summaries of

Maloku v. Nikkah

Appellate Division of the Supreme Court of New York, First Department
May 20, 1997
239 A.D.2d 255 (N.Y. App. Div. 1997)
Case details for

Maloku v. Nikkah

Case Details

Full title:BEKIM MALOKU, an Infant, by His Mother and Natural Guardian, SHPRESA…

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

Date published: May 20, 1997

Citations

239 A.D.2d 255 (N.Y. App. Div. 1997)
657 N.Y.S.2d 186

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