| Medina v Millwood Mkt., LLC |
| 2021 NY Slip Op 06048 [199 AD3d 420] |
| November 4, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Corpo Medina, Plaintiff, v Millwood Market, LLC, et al., Defendants. Ross Legan Rosenberg Zelen and Flaks, LLP, Nonparty Appellant; Philip Newman, P.C., Nonparty Respondent. |
Ross Legan Rosenberg Zelen & Flaks, LLP, New York (Michael Flaks of counsel), for appellant.
Paul Bibuld, Bronx, for respondent.
Judgment, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered April 27, 2021, in favor of Philip Newman, P.C., outgoing counsel for plaintiff, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about October 2, 2020, which allocated 20% of plaintiff's counsel fees to Philip Newman, P.C. and 80% to incoming counsel Ross Legan Rosenberg Zelen & Flaks, LLP, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Supreme Court correctly found that outgoing counsel was not discharged for cause. Incoming counsel's arguments on this issue either put form over substance or amount to a difference of opinion concerning strategy (see generally Costello v Kiaer, 278 AD2d 50 [1st Dept 2000]). The court also providently exercised its discretion in allocating the fees (see e.g. Rivera v Walter, 122 AD3d 442, 442-443 [1st Dept 2014]; Garrett v New York City Health & Hosps. Corp., 25 AD3d 424 [1st Dept 2006]; Diakrousis v Maganga, 61 AD3d 469, 469 [1st Dept 2009]; Martin v Feltingoff, 7 AD3d 467 [1st Dept 2004], lv denied 3 NY3d 608 [2004]). Concur—Gische, J.P., Mazzarelli, Shulman, Pitt, Higgitt, JJ.