LU v. ROSS


7 A.D.3d 294 (2004)

776 N.Y.S.2d 64

XAO HE LU, Appellant, v. STEVEN B. ROSS, Respondent.

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

May 6, 2004.


Plaintiff is not entitled to any refund of the amount paid defendant, since much more than that amount had been earned based on the hourly rates in the parties' retainer agreement that were to apply if plaintiff discharged defendant, as he did, and plaintiff does not claim that defendant's billing records do not accurately reflect the number of hours worked. We note that plaintiff does not allege any malpractice or breach of contract...

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