ROSS v. ROSS


47 A.D.2d 866 (1975)

Harold G. Ross, Appellant-Respondent, v. Joan V. C. Ross, Respondent-Appellant

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

March 31, 1975


Judgment affirmed insofar as appealed from, without costs.

Defendant paid her attorneys a retainer of $3,500, with money she had borrowed, with the understanding that she would be repaid that sum out of any counsel fee in excess thereof awarded by the court. Special Term awarded a counsel fee of $4,500 and directed that defendant be reimbursed therefrom to the extent of the $3,500 thus paid by her as a retainer fee. The Appellate Division, First Department, has held...

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