MORRISON COHEN SINGER & WEINSTEIN, LLP v. NETWORK INDUSTRIES CORP.


292 A.D.2d 153 (2002)

739 N.Y.S.2d 39

MORRISON COHEN SINGER & WEINSTEIN, LLP, Appellant, v. NETWORK INDUSTRIES CORP., Respondent.

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

Decided March 5, 2002.


Plaintiff, as legal counsel, formerly represented defendant in its breach of contract action against Champion Products, Inc. The action was settled before trial in 1998 for $2.2 million. The parties do not dispute that plaintiff is owed a fee, but dispute how much, in particular contesting the interpretation of the fee clause in the retainer agreement and the calculation of the contingency portion of the fee stated therein. The agreement provided for "phase-related" caps...

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