Majority
Motion and cross motion granted only insofar as to amend the memorandum decision ( 161 AD2d 438 ) filed on May 17, 1990 by changing the last sentence of the second paragraph thereof to read as follows: "At the same time, prior to plaintiff’s withdrawal, the firm agreed to receive its $200,000 contingency fee at the rate of $50,000 per year over a four-year period.” It is further ordered that last two sentences of first paragraph on third page of aforesaid memorandum decision (supra, at 439) are amended to read as follows: "With a one-third overhead reduction, it would appear to be $422. Thus, the $8,138 award based on contingency fees should be reduced to $422.” Concur —Kupferman, J. P., Ross, Asch, Ellerin and Rubin, JJ.
Cases cited
- Aurnou v. Greenspan 161 AD2d 438 p. 794