MATTER OF KOEPPEL

Nos. 7530, 4098/96.

95 A.D.3d 453 (2012)

944 N.Y.S.2d 48

2012 NY Slip Op 3521

In the Matter of the Account of ROBERTA L. KOEPPEL et al., as Executors of ROBERT A. KOEPPEL, Deceased. WILLIAM W. KOEPPEL, Appellant; ROBERTA L. KOEPPEL et al., Respondents. RICHENTHAL, ABRAMS & MOSS, et al., Nonparty Respondents. (And Other Actions.)

Appellate Division of the Supreme Court of New York, First Department.

Decided May 3, 2012.


The firms, in seeking enforcement of their charging liens, relied upon the parties' 2006 retainer agreement (2006 retainer) and an unsigned, undated memorandum as supplying an inadvertently omitted term in the 2006 retainer (i.e., the specific contingency rates to be applied). The information in the memorandum was buttressed by an affirmation, based on personal knowledge, submitted by William's primary attorney, Craig Avedisian, who attested to the negotiated contingency...

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