FRIEDMAN v. EISENSTEIN


263 A.D.2d 367 (1999)

694 N.Y.S.2d 25

THEODORE H. FRIEDMAN, Respondent, v. JETHRO M. EISENSTEIN, Appellant.

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

Decided July 1, 1999.


We agree with the IAS Court that based on the plain terms of the fee-sharing agreement the parties entered into upon dissolving their partnership, and defendant's own description of his services in connection with the case that generated the contingency fee in issue, defendant earned only a 6.5% "preparation fee", not a 12.5% "trial fee", and that plaintiff was not required to perform any legal services in that case in order to be entitled to whatever remained of the fee...

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