SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK  :  lAS Part 54

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RALPH H. SPEKEN and STEPHANIE Z. SPEKEN,
as Co-Administrators of the estate of
SETH S. SPEKEN, deceased, and RALPH H.
SPEKEN and STEPHANIE Z. SPEKEN,
Individually,

                                                                Plaintiffs,                       Index# 128682/94

                                                                                                              DECISION AND ORDER

                                -against-

 

COLUMBIA PRESBYTERIAN MEDICAL CENTER,
"JOHN DOE," and "JANE DOE," true
identities unknown, being doctors,
nurses, residents, interns and other
medical or technical personnel who
rendered services to the decedent at
COLUMBIA PRESBYTERIAN MEDICAL CENTER,

 

                                                      Defendants.

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SHERRY KLEIN HEITLER, J.:

 

          In this medical malpractice action, plaintiffs Ralph Speken,

MD and Stephanie Speken (hereinafter "Speken") allege that

defendant Columbia Presbyterian Medical Center (hereinafter the

"Hospital") was negligent in its care and treatment of Seth Speken,

their son, thereby causing his death on August 27, 1993. Pursuant

to a settlement which was put on the record in open court and a

General Release signed by plaintiffs, this action was settled on

July 8, 1999 for $500,000. Motion Sequence Nos. 008, 009 and 010

are consolidated for disposition.

          In Motion No. 008, Richard Frank, Esq. (hereinafter "Frank"),

plaintiffs’ former attorney, moves, by order to show cause, for an

order directing a hearing to apportion and fix the attorneys’ fee

awards and disbursements in this matter based on the percentage of

work performed by the attorneys.

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