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ABRAHAMI v. UPC CONSTR. CO., INC.

248 A.D.2d 272 (1998)

670 N.Y.S.2d 457

Kenneth Abrahami et al., Plaintiffs, v. Upc Construction Co., Inc., et al., Defendants. Strassberg & Strassberg, P. C., Appellant, v. Heo Peh Lee, Respondent

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

March 24, 1998

Generally, where money is paid to or obtained by an attorney on behalf of a client pursuant to a judgment subsequently reversed on appeal, the attorney is liable to make restitution of that portion of the funds that represents a contingency fee retained in connection with the matter (see, CPLR 5523; Zaccour v Zaccour, 32 A.D.2d 745; Mormilo v Allied Stevedores Corp., 8 A.D.2d 217...

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