FRANCIOSA v. 145 SOUTH FIFTH CORP.


295 A.D.2d 267 (2002)

743 N.Y.S.2d 874

MAURO FRANCIOSA et al., Respondents, v. 145 SOUTH FIFTH CORP. et al., Defendants. BREADBAR, GARFIELD & SCHMELKIN, Nonparty Appellant. (And a Third-Party Action.)

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

Decided June 27, 2002.


We agree with the motion court that the claim at issue, for additional attorney's fees representing a share of the value of the lien waiver, must be deemed waived since counsel failed to specifically disclose his intent to claim such an additional fee at the time of the settlement conference. We need not address at this time the question of whether such an additional fee is ever...

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