On October 17, 2017 a
Order
was filed
involving a dispute between
Filiberta Gregorio,
and
City Of Newburgh,
City Of Newburgh Police Department,
Michael Loscerbo,
for Torts - Motor Vehicle
in the District Court of Orange County.
Preview
(FILED: ORANGE COUNTY CLERK 0971772019 02:08 PM INDEX NO. EF008385-2017
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 09/17/2019
To commence the statutory time
for appeals as of right (CPLR 5513 [a]),
you are advised to serve a copy of this
order, with notice of.entry, upon all parties.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
X
FILIBERTA GREGORIO, DECISION AND ORDER
Plaintiff, Index No.:EF008385/2017
-against- Motion Date: 7/29/2019
Sequence No. 2
MICHAEL LOSCERBO, CITY OF NEWBURGH
POLICE DEPARTMENT and CITY OF NEWBURGH,
Defendants.
X
SCIORTINO, J.
. The following papers numbered 1 to 4 were considered on the instant motion by the attorneys
of record for the plaintiff in the above-entitled action to restore the matter to the court’s calendar for
the limited purpose of holding a fee hearing to determine the proper allocation of attorney fees
between outgoing and incoming counsel: |
PAPERS
|
NUMBERED
Notice of Motion - Affidavit - Exhibits 1&2 1-3
Affirmation in Opposition (Dreyer) 4
This action arises out of a motor vehicle versus pedestrian accident occurring on April 14,
2017. Incoming counsel, Pena & Kahn, PLLC, contends that outgoing counsel, Dreyer Law Offices,
|
PLLC, represented plaintiff until being discharged on September 4, 2017. Thereafter, incom! ing
|
counsel represented plaintiff which ultimately resulted in the settlement of this matter on December
7, 2018 for $650,000. A dispute has arisen between incoming and outgoing counsel regarding the
proper allocation of attorney fees between the two law firms,
'
Filed inOrange County 09/17/2019 02:08:48 PM $0.00 Bk: 4126f 2 Pg: 1913 Index: # EF008385-2017 Clerk: SW
INDEX NO. EF008385-2017
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 09/17/2019
In response, outgoing counsel has submitted a hard copy ofa document entitled “Affirmation
in Opposition and Cross-Motion for Specific Relief’. Although this action is an e-filed case,
outgoing attorney failed to upload their opposition and cross-motion in the e-filing system. It is
apparent that the proper fee for the cross-motion was not paid and therefore not properly before this
court.
Although not uploaded in the e-filing system, the court has considered the affirmation
submitted by outgoing counsel. Counsel does not oppose the relief requested. Instead, he
acknowledges that a dispute has arisen between the incoming and outgoing firms regarding the
proper allocation of attorney fees and, in fact, joins in the movant’s request to restore the case to the
calendar for the limited purpose of holding an attorney fee hearing.
In light of the above it is hereby
ORDERED that incoming attorneys’ motion is granted in that this matter is restored the to
the active calendar for the limited purpose of scheduling a fee hearing to determine the proper
allocation of attorney fees; and it is further
ORDERED that the parties shall appear for conference on October 23, 2019 at 9:00 a.m.
This decision constitutes the order of the Court.
ENTER
Dated: September 12, 2019
Goshen, New York BSbrs
HON. SANDRA B. SCIORTINO, J.S.C.
TO: Counsel of Record via NYSCEF
2 of 2
Document Filed Date
September 17, 2019
Case Filing Date
October 17, 2017
Category
Torts - Motor Vehicle
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Preview
(FILED: ORANGE COUNTY CLERK 0971772019 02:08 PM INDEX NO. EF008385-2017 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 09/17/2019 To commence the statutory time for appeals as of right (CPLR 5513 [a]), you are advised to serve a copy of this order, with notice of.entry, upon all parties. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE X FILIBERTA GREGORIO, DECISION AND ORDER Plaintiff, Index No.:EF008385/2017 -against- Motion Date: 7/29/2019 Sequence No. 2 MICHAEL LOSCERBO, CITY OF NEWBURGH POLICE DEPARTMENT and CITY OF NEWBURGH, Defendants. X SCIORTINO, J. . The following papers numbered 1 to 4 were considered on the instant motion by the attorneys of record for the plaintiff in the above-entitled action to restore the matter to the court’s calendar for the limited purpose of holding a fee hearing to determine the proper allocation of attorney fees between outgoing and incoming counsel: | PAPERS | NUMBERED Notice of Motion - Affidavit - Exhibits 1&2 1-3 Affirmation in Opposition (Dreyer) 4 This action arises out of a motor vehicle versus pedestrian accident occurring on April 14, 2017. Incoming counsel, Pena & Kahn, PLLC, contends that outgoing counsel, Dreyer Law Offices, | PLLC, represented plaintiff until being discharged on September 4, 2017. Thereafter, incom! ing | counsel represented plaintiff which ultimately resulted in the settlement of this matter on December 7, 2018 for $650,000. A dispute has arisen between incoming and outgoing counsel regarding the proper allocation of attorney fees between the two law firms, ' Filed inOrange County 09/17/2019 02:08:48 PM $0.00 Bk: 4126f 2 Pg: 1913 Index: # EF008385-2017 Clerk: SW INDEX NO. EF008385-2017 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 09/17/2019 In response, outgoing counsel has submitted a hard copy ofa document entitled “Affirmation in Opposition and Cross-Motion for Specific Relief’. Although this action is an e-filed case, outgoing attorney failed to upload their opposition and cross-motion in the e-filing system. It is apparent that the proper fee for the cross-motion was not paid and therefore not properly before this court. Although not uploaded in the e-filing system, the court has considered the affirmation submitted by outgoing counsel. Counsel does not oppose the relief requested. Instead, he acknowledges that a dispute has arisen between the incoming and outgoing firms regarding the proper allocation of attorney fees and, in fact, joins in the movant’s request to restore the case to the calendar for the limited purpose of holding an attorney fee hearing. In light of the above it is hereby ORDERED that incoming attorneys’ motion is granted in that this matter is restored the to the active calendar for the limited purpose of scheduling a fee hearing to determine the proper allocation of attorney fees; and it is further ORDERED that the parties shall appear for conference on October 23, 2019 at 9:00 a.m. This decision constitutes the order of the Court. ENTER Dated: September 12, 2019 Goshen, New York BSbrs HON. SANDRA B. SCIORTINO, J.S.C. TO: Counsel of Record via NYSCEF 2 of 2