In Malayev v. Boulevard Leasing Limited Partnership, 2026 WL 2108366 (2nd Dep’t 2026), the Appellate Division affirmed the Supreme Court’s fee apportionment of a $3.5 million settlement in favor of The Flomenhaft Law Firm, PLLC (“FLF”). The appeal was handled by FLF Senior Counsel, Benedene Cannata, Esq. The decision confirms that relative contribution to the outcome is far more decisive to apportionment than duration of representation. Following a mistrial during the damages phase, FLF substituted for prior counsel of six years. Although predecessor counsel had obtained a $1 million offer, and FLF continued on the case for approximately seven months, Queens Supreme Court Justice Sally E. Unger found that it was FLF’s efforts that accounted for the settlement increase and accordingly awarded it the full one-third contingency for that increased recovery.

Justice Ungar’s decision is in the link below:
Decision Fee Hearing