AGOGLIA v. CHAPMAN


39 A.D.2d 935 (1972)

Emmet J. Agoglia, Respondent, v. John S. Chapman, Jr., et al., Individually and as Attorneys Practicing under the Name of Duer & Taylor, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 12, 1972


Order reversed, on the law, with $10 costs and disbursements to defendants, and motion granted to the extent that the action is disposed of by awarding plaintiff summary judgment for $8,381.50.

Plaintiff was retained by defendants (a firm of attorneys) as trial counsel for defendants' client in a contested will probate proceeding. The fee agreement between them provided, inter alia, that plaintiff was to receive "5% of what George Dare may obtain by settlement...

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