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PAIKIN v. TSIRELMAN

266 A.D.2d 136 (1999)

699 N.Y.S.2d 32

MICHAEL L. PAIKIN et al., Respondents, v. GARY TSIRELMAN, Appellant. MICHAEL J. ASTA, Nonparty Appellant.

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

Decided November 30, 1999.

In this action for unpaid attorneys' fees in a matrimonial action, plaintiff's failure to provide his client with 30 days' written notice of his right to arbitrate any fee dispute (22 NYCRR 136.5 [a]) and his failure to allege in his complaint that the client received such notice and did not file a timely request for arbitration (22 NYCRR 136.5 [c]) require dismissal of the complaint (see, Julien v Machson,

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