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MATTER OF MARGOLIN

259 A.D.2d 396 (1999)

687 N.Y.S.2d 109

In the Matter of the Estate of BORIS MARGOLIN, Deceased. LLOYD I. ISLER, Appellant; DOROTHY MARGOLIN, Respondent.

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

Decided March 23, 1999.

The Surrogate's Court correctly held that the provision of the retainer agreement entitling the attorney to "[t]en (10%) percent of any lump-sum paid to [the client] in settlement of [her] claims" unambiguously applied only to a one-time settlement payment to the client, and thus did not apply to the periodic payments that the attorney negotiated. To construe the phrase "any lump-sum paid" to include such periodic payments would...

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