ANDREWS v. CAIN


62 A.D.2d 612 (1978)

Constance Andrews et al., Respondents, v. James Cain, Appellant

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

June 22, 1978


Attorney(s) appearing for the Case

Hogan & Sarzynski (Edward J. Sarzynski of counsel), for appellant.

Friedlander, Friedlander & Reizes (Leslie N. Reizes of counsel), for respondents.

SWEENEY, J. P., STALEY, JR., LARKIN and HERLIHY, JJ., concur.


MIKOLL, J.

Plaintiffs seek recovery for defendant's negligence in failing to prosecute two negligence cases on their behalf stemming from accidents occurring on October 8, 1965 and June 27, 1967. The parties had executed a retainer agreement after the first accident providing that defendant's fee would be 25% of any settlement, or 33 1/3% of any sum recovered pursuant to litigation. The same agreement as to fees...

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