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HAROLD SHELBY plf, v. PAULINE A. BLAKES, def; GRUENBERG KELLY DELLA, NONPARTY-ap; BORDA KENNEDY ALSEN & GOLD, LLP, NONPARTY-res

HAROLD SHELBY plf, v. PAULINE A. BLAKES, def; GRUENBERG KELLY DELLA, NONPARTY-ap; BORDA KENNEDY ALSEN & GOLD, LLP, NONPARTY-res — (INDEX NO. 42952/09) In an action to recover damages for personal injuries, etc., nonparty Gruenberg Kelly Della appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated March 13, 2014, which, upon the denial of its motion to disqualify Borda Kennedy Alsen & Gold, LLP, from receiving attorneys' fees in this action and, in effect, the granting of the cross motion of Borda Kennedy Alsen & Gold, LLP, for an allocation of attorneys' fees, in an order dated March 1, 2013, determined, after a hearing, that Borda Kennedy Alsen & Gold, LLP, was entitled to 65 percent of the attorneys' fees recoverable in the action and it was entitled to only 35 percent of the attorneys' fees.

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HAROLD SHELBY plf, v. PAULINE A. BLAKES, def; GRUENBERG KELLY DELLA, NONPARTY-ap; BORDA KENNEDY ALSEN & GOLD, LLP, NONPARTY-res — (INDEX NO. 42952/09) In an action to recover damages for personal injuries, etc., nonparty Gruenberg Kelly Della appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated March 13, 2014, which, upon the denial of its motion to disqualify Borda Kennedy Alsen & Gold, LLP, from receiving attorneys’ fees in this action and, in effect, the granting of the cross motion of Borda Kennedy Alsen & Gold, LLP, for an allocation of attorneys’ fees, in an order dated March 1, 2013, determined, after a hearing, that Borda Kennedy Alsen & Gold, LLP, was entitled to 65 percent of the attorneys’ fees recoverable in the action and it was entitled to only 35 percent of the attorneys’ fees.

ORDERED that the order dated March 13, 2014, is reversed, on the law, with costs, the motion of Gruenberg Kelly Della to disqualify Borda Kennedy Alsen & Gold, LLP, from receiving attorneys’ fees in this action is granted, the cross motion of Borda Kennedy Alsen & Gold, LLP, for an allocation of attorneys’ fees is denied, and the prior order dated March 1, 2013, which determined the motion and cross motion, is modified accordingly.

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