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MATTER OF STARR

86 A.D.2d 829 (1982)

In the Matter of The Estate of Claire Starr, Also Known as Consuela Starr, Deceased. Joseph H. Schindler, Respondent; Richard J. Kins et al., Appellants

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

February 23, 1982

The matter is remanded for a hearing pursuant to SCPA 1808 (subd 5). Decedent Claire Starr retained petitioner, the claimant herein, as her attorney to recover money owed by her son, Malcolm Starr. The retainer agreement provided that "[i]n the event of a recovery, [petitioner] is to receive a sum equal to Fifteen Per Cent (15%) of the recovery" as against a minimum retainer of $2,500. After petitioner commenced an action in Supreme Court against Malcolm, the action was discontinued...

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