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LEONTIOS v. ARZANIPOUR

18 A.D.3d 253 (2005)

796 N.Y.S.2d 335

ANNA LEONTIOS et al., Respondents, v. FARAH ARZANIPOUR et al., Defendants. JULIAN KAPLAN, Nonparty Appellant.

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

May 10, 2005.

It is undisputed that Kaplan began representing plaintiffs in connection with this matter in January 1990, pursuant to a retainer agreement, which provided, in pertinent part, that:

"Depending on what stage this matter may be resolved, which is to say either in the course of the preliminary negotiations or ultimately at a trial, you agree to a contingency fee of between 25 and 30 percent of the value of the painting if recovered...

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