JOSE MARIN PLAINTIFFS, v. CONSTITUTION REALTY, LLC def

13854N. JOSE MARIN PLAINTIFFS, v. CONSTITUTION REALTY, LLC def — SHERYL MENKES, ESQ., Nonparty ap — v. DAVID B. GOLOMB, ESQ. Nonparty res — Ballard Spahr Stillman & Friedman LLP, New York (John B. Harris of counsel), for ap — Sullivan Papain Block McGrath & Cannavo P.C., New York (Brian J. Shoot of counsel), for David B. Golomb, res — Parker Waichman LLP, Port Washington (Jay L.T. Breakstone of counsel), for Jeffrey A. Manheimer, res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered February 21, 2014, which, insofar as appealed from, denied nonparty appellant's motion to fix nonparty respondent David B. Golomb, Esq.'s share of net attorneys' fees at 12 percent and to determine nonparty respondent Jeffrey A. Manheimer, Esq.'s share of net attorneys' fees on a quantum meruit basis, granted Golomb's motion to fix his share of net attorneys' fees at 40 percent, and granted Manheimer's motion to fix his share of net attorneys' fees at 20 percent, affirmed, without costs.

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13854N. JOSE MARIN PLAINTIFFS, v. CONSTITUTION REALTY, LLC def — SHERYL MENKES, ESQ., Nonparty ap — v. DAVID B. GOLOMB, ESQ. Nonparty res — Ballard Spahr Stillman & Friedman LLP, New York (John B. Harris of counsel), for ap — Sullivan Papain Block McGrath & Cannavo P.C., New York (Brian J. Shoot of counsel), for David B. Golomb, res — Parker Waichman LLP, Port Washington (Jay L.T. Breakstone of counsel), for Jeffrey A. Manheimer, res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered February 21, 2014, which, insofar as appealed from, denied nonparty appellant’s motion to fix nonparty respondent David B. Golomb, Esq.’s share of net attorneys’ fees at 12 percent and to determine nonparty respondent Jeffrey A. Manheimer, Esq.’s share of net attorneys’ fees on a quantum meruit basis, granted Golomb’s motion to fix his share of net attorneys’ fees at 40 percent, and granted Manheimer’s motion to fix his share of net attorneys’ fees at 20 percent, affirmed, without costs.

In February 2009, nonparty appellant Sheryl Menkes, as attorney of record for plaintiffs in this personal injury action, entered into an agreement with Jeffrey A. Manheimer under which he would, inter alia, act as cocounsel, provide advice to Menkes, and attend certain depositions and the trial in exchange for 20 percent of net attorneys’ fees. In June 2009, the agreement was amended to specify that Manheimer would act in an advisory capacity only and would not contact the court or others involved in the litigation without Menkes’s consent. Neither Manheimer nor Menkes informed plaintiffs of their arrangement or Manheimers involvement in the case. In August 2009, Menkes wrote to Manheimer discharging him. Menkes stated that from that point forward, she “preferred ‘to handle this matter alone’.”

JOSE MARIN PLAINTIFFS, v. CONSTITUTION REALTY, LLC def

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