Siracusa v. Tomko Carriers Corp.

Full title: JACK SIRACUSA et al., Plaintiffs, v. TOMKO CARRIERS CORP. et al.…

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

Date published: Feb 18, 1992

180 A.D.2d 727 (N.Y. App. Div. 1992)

580 N.Y.S.2d 369

Opinion

February 18, 1992

Appeal from the Supreme Court, Suffolk County (Doyle, J.).

Ordered that the order is affirmed, with costs.

We find that the court did not improvidently exercise its discretion in denying the plaintiffs' former attorney's renewed motion. In any event, even if we were to consider the "new" information presented by the former attorney, we would conclude that the court properly awarded him 50% of the total fee. Thompson, J.P., Rosenblatt, Lawrence and Miller, JJ., concur.