Opinion
Argued January 6, 2000
February 24, 2000
In an action to recover damages for personal injuries, the nonparty appellant appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated February 18, 1999, which, upon apportioning the legal fees from a settlement in the underlying personal injury action, set its fee at $2,500.
Shayne, Dachs, Stanisci, Corker Sauer, Mineola, N.Y. (Jonathan A. Dachs of counsel), nonparty appellant pro se.
Oshman, Helfenstein, Bernstein, Mirisola Schwartz, LLP, New York, N.Y. (Hugh J. Helfenstein and David L. Kremen of counsel), for nonparty respondent.
CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
It is well settled that the award of reasonable counsel fees is within the sound discretion of the trial court (see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879 ) based upon factors such as the time and labor required, the difficulty of the questions involved, the skill required to handle the matter, and the attorneys' experience, ability, and reputation (see, Matter of Ury, 108 A.D.2d 816 ). The issue of the apportionment of attorneys' fees is controlled by the circumstances and equities of each particular case (see, Grossman v. Grossman, 260 A.D.2d 602 ), and the trial court is in the best position to assess these factors (see, Matter of Braham v. Braham, 264 A.D.2d 418; [2d Dept., Aug. 9, 1999]). Under the facts of this case, the Supreme Court providently exercised its discretion in the apportionment of the legal fees.