GIBBS v. DWECK


52 A.D.2d 801 (1976)

Linda Gibbs, Appellant, v. Jack S. Dweck, Respondent

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

May 18, 1976


The mortgage on the premises 2120 St. Paul's Avenue, Bronx County, held by defendant, should be vacated as it does not secure any indebtedness. The retainer agreement drawn by defendant attorney provides in pertinent part as follows: "In the event that you are not successful in vacating the judgment or the lien, as aforementioned, then my liability to you for legal services shall be only in the sum of $800. paid to you". Defendant admittedly received $800. While he was successful...

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