LEFRAK, NEWMAN & MYERSON v. TANANBAUM


212 A.D.2d 354 (1995)

622 N.Y.S.2d 250

Lefrak, Newman & Myerson, Respondent, v. Minnie L. Tananbaum, Defendant, and Barbara T. Degorge, Appellant

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

February 2, 1995


In this action to recover legal fees on an hourly basis pursuant to a written retainer agreement, we hold that a factual issue is presented as to the reasonableness of the fees. In 1989, Thomas Holman, Esq., a partner in the plaintiff law firm, was retained to represent the defendant-appellant, and her sister, in a lengthy Surrogate's Court proceeding that resulted in $8.7 million surcharges against the trustees of a trust of which the two sisters are beneficiaries. At the...

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