ORDER Upon the foregoing papers, having heard oral argument, and due deliberation having been had, the within motion is determined as follows. In the within personal injury action, this is a motion by Liakas Law, P.C. (Liakas), Plaintiff’s attorneys of record, seeking a determination as to the allocation of an award of the attorneys’ fee between itself and Pavlounis & Sfouggatakis, LLP (P&S), Plaintiff’s initial attorneys. On March 23, 2015, Plaintiff was working at a construction site accident in New Jersey when a 4×4 piece of wood fell through the opening in the floor above and hit him in the face and head. Plaintiff sustained a nasal bone fracture, a deviated septum, an orbital fracture, and recurrent headaches. He underwent surgery. P&S had this case for two years and Liakas had this case for two and a half years thereafter1. It is agreed upon by both law firms that the total attorney fee to be split is $108,333.33. The arguments of the disputant law firms are presented in the order of their representation of Plaintiff.2 On April 12, 2017, a little over two years after the accident, Plaintiff retained P&S. P&S claims to have performed the following work: conducted searches of New York and New Jersey corporate records, property records, and Department of Buildings records; obtained the information concerning the defendants responsible for the construction site where the accident occurred; requested and obtained medical records from Bellevue Medical Center and other medical providers; prepared a summons and complaint on June 17, 2017, alleging negligence and Labor Law causes of action; arranged for service of the summons and complaint; met with Plaintiff seven times between April 2017 and July 2017; reviewed Defendants’ answer and amended answer; conducted legal research, including into the New York Labor Law causes of action; served the bill of particulars; responded to Defendants’ discovery demands; served Plaintiff’s discovery demands; prepared for and attended the Preliminary Conference and the Compliance Conference; prepared for and represented Plaintiff at his five-hour examination before trial (EBT); prepared for and attended the Final Note of Issue Conference (the order directed filing of the Note of Issue by January 16, 2019 and Plaintiff’s further EBT by March 29, 2019); filed the Note of Issue on January 16, 2019; dealt with Defendants’ motion to vacate the Note of Issue; began settlement negotiations in early 2019; and achieved a $300,000 final settlement offer in May 2019 (see generally NYSCEF Doc No. 233). When Plaintiff came into the office in May 2019 to discuss the settlement offer, he changed his mind and refused to sign. On May 15, 2019, P&S received a consent to change attorneys form from Robert J. DiGianni, Esq. On or about February 13, 2020, Mr. DiGianni retained Liakas as trial counsel, and Liakas handled the case thereafter. Liakas settled the case for $325,000 in 2022. (See id.
