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SELECTIVE INSURANCE COMPANY OF AMERICA v. SMITH MAZURE DIRECTOR WILKINS YOUNG YAGERMAN & TARALLO, P.C.

3 A.D.3d 453 (2004)

772 N.Y.S.2d 12

SELECTIVE INSURANCE COMPANY OF AMERICA, Appellant, v. SMITH MAZURE DIRECTOR WILKINS YOUNG YAGERMAN & TARALLO, P.C., Respondent.

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

January 29, 2004.

The parties negotiated a two-year retainer agreement for personal injury defense work under which the client, an insurance company, was to pay the law firm an annual fee of $600,000 in monthly installments of $50,000 for the year 1998, and $576,000 in monthly installments of $48,000 for the year 1999. The 1999 fee was subject to a downward adjustment of $7,500 for each case file less than 45 sent to the firm in 1998 and an upward...

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