Opinion
March 10, 1998
Appeal from the Supreme Court, New York County (Carol Huff, J.).
The court correctly perceived this dispute between attorneys over the sharing of contingency fees paid by their respective clients as sounding in contract, and properly converted the matter pursuant to CPLR 103 (c). However, whether there was an agreement to share attorneys' fees, and, if so, its terms, are issues triable by a jury, and should not have been referred to a Special Referee (see, CPLR 4101; Graphic Offset Co. v. Torre, 78 A.D.2d 788). We have considered respondent's remaining contentions and find them to be without merit.
Concur — Rosenberger, J. P., Nardelli, Wallach and Saxe, JJ.