| Matter of New York Rezulin Prods. Liab. Litig. |
| 2009 NY Slip Op 07496 [66 AD3d 560] |
| October 22, 2009 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of New York Rezulin Products Liability Litigation.
William Andrews et al., Plaintiffs, v Pfizer, Inc., et al., Defendants. Girardi/Keese, Nonparty Appellant; Duffy, Duffy & Burdo, Esq., Nonparty Respondent. |
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Robert & Robert, PLLC, Melville (Clifford S. Robert of counsel), for respondent.
Judgment, Supreme Court, New York County (Helen E. Freedman, J.), entered June 19, 2008, in favor of nonparty Duffy, Duffy & Burdo, Esqs. (Duffy) and against nonparty Girardi/Keese (Girardi) in the sum of $1,261,521.18, unanimously affirmed, without costs.
There is no basis to disturb the court's determination in favor of Duffy (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]). At the hearing, Girardi called no witnesses on its own behalf to contradict the testimony of Duffy's witnesses as to the existence of an oral one-third fee arrangement between the two firms. The court properly declined to consider affidavits by a witness who was not available for cross-examination in court (see Seinfeld v Robinson, 300 AD2d 208 [2002]). [*2]
We have considered Girardi's remaining arguments and find them unavailing. Concur—Gonzalez, P.J., Mazzarelli, Sweeny, Renwick and Richter, JJ.