MATTER OF DE GRAFF, FOY, CONWAY & HOLT-HARRIS v. McKESSON & ROBBINS, INC.


31 N.Y.2d 862 (1972)

In the Matter of De Graff, Foy, Conway & Holt-Harris, Respondent, v. McKesson & Robbins, Inc., Appellant.

Court of Appeals of the State of New York.

Decided December 6, 1972.


Attorney(s) appearing for the Case

David L. Landy for appellant.

William F. Conway for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, and GIBSON concur in Per Curiam opinion; Judge BREITEL dissents and votes to reverse in a separate opinion in which Judge JASEN concurs; Judge BERGAN taking no part.


Per Curiam.

When a lawyer informs a prospective client, at the time he is retained, that his fee will be on a contingent basis, he should clearly indicate the percentage of recovery to be received. However, the petitioner's failure to specify the percentage in this case calls for neither a reversal nor even a remand for further findings.

The evidence strongly supports the conclusion of the courts below that...

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