Hopper v Premier Coach, Inc.

Hopper v Premier Coach, Inc. 2013 NY Slip Op 07579 Decided on November 14, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 14, 2013
Tom, J.P., Mazzarelli, Freedman, Richter, Feinman, JJ.
11086N 22431/05

[*1]Geraldine Hopper, Plaintiff-Respondent,

v

Premier Coach, Inc., et al., Defendants, Bianka Perez Vega, Nonparty Appellant.




Herman Kaufman, Rye, for appellant.
Rheingold, Valet, Rheingold, McCartney & Giuffra LLP, New
York (Sherri L. Plotkin of counsel), for respondent.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about April 13, 2012, which granted the motion of plaintiff's current counsel to confirm the report of the Judicial Hearing Officer recommending the division of a contingency fee award between current counsel and nonparty appellant, unanimously affirmed, without costs.

The report of a JHO should be confirmed "whenever the findings contained therein are supported by the record and the [JHO] has clearly defined the issues and resolved matters of credibility" (Nager v Panadis, 238 AD2d 135, 135-136 [1st Dept 1997]). Here, the JHO considered the appropriate factors in apportioning the contingency fee, including the hours
worked, the quality of the work and the result (Castellanos v CBS Inc., 89 AD3d 499 [1st Dept 2011]). Appellant former counsel points to nothing in the record that indicates the JHO overlooked or misconstrued any of the relevant facts or law. As such, the IAS court properly confirmed the recommendation.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 14, 2013

CLERK