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APRIL PEARSE, plf, v. VALERIE DELEHANTY, ETC., def; PARKER WAICHMAN LLP, NONPARTY-ap; GRACE & GRACE, NONPARTY-res

APRIL PEARSE, plf, v. VALERIE DELEHANTY, ETC., def; PARKER WAICHMAN LLP, NONPARTY-ap; GRACE & GRACE, NONPARTY-res — (INDEX NO. 14194/07)In an action to recover damages for personal injuries, nonparty Parker Waichman LLP, the plaintiff's former counsel, appeals from an order of the Supreme Court, Westchester County (Loehr, J.), entered September 23, 2011, which, upon granting the motion of nonparty Grace & Grace, the plaintiff's current counsel, for a determination of the allocation of legal fees to be paid to Grace & Grace and Parker Waichman LLP, awarded Grace & Grace 90 percent of the net contingency fee following settlement of this action and Parker Waichman LLP 10 percent of the net contingency fee in the action.

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APRIL PEARSE, plf, v. VALERIE DELEHANTY, ETC., def; PARKER WAICHMAN LLP, NONPARTY-ap; GRACE & GRACE, NONPARTY-res — (INDEX NO. 14194/07)In an action to recover damages for personal injuries, nonparty Parker Waichman LLP, the plaintiff’s former counsel, appeals from an order of the Supreme Court, Westchester County (Loehr, J.), entered September 23, 2011, which, upon granting the motion of nonparty Grace & Grace, the plaintiff’s current counsel, for a determination of the allocation of legal fees to be paid to Grace & Grace and Parker Waichman LLP, awarded Grace & Grace 90 percent of the net contingency fee following settlement of this action and Parker Waichman LLP 10 percent of the net contingency fee in the action.

ORDERED that the order is modified, on the facts and in the exercise of discretion, by increasing the award to Parker Waichman LLP to 20 percent of the net contingency fee in the action and reducing the award to Grace & Grace to 80 percent of the net contingency fee in the action; as so modified, the order is affirmed, without costs or disbursements.

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