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YALANGO v. POPP

85 N.Y.2d 960 (1995)

Daniel A. Yalango, an Incompetent, by Alan P. Goldberg, the Committee of His Property, Appellant, et al., Plaintiff, v. A. John Popp et al., Defendants; O'Connell and Aronowitz, P. C., Respondent.

Court of Appeals of the State of New York.

Decided May 4, 1995.

Motion by respondent O'Connell and Aronowitz, P. C. for clarification of this Court's opinion and for amendment of remittitur denied. [See, 84 N.Y.2d 601.] This Court's opinion established that respondent was required to return all moneys retained in excess of the statutory fee to appellant. The issue of interest accrual was never addressed in the parties' submissions to this Court, and is not appropriately raised for the first time...

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