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CARL S. LEVINE & ASSOCIATES, P.C. v. KLEEGER

18 A.D.3d 794 (2005)

798 N.Y.S.2d 435

CARL S. LEVINE & ASSOCIATES, P.C., Appellant, v. SHELDON KLEEGER, Respondent, et al., Defendant.

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

May 31, 2005.

Ordered that the order is affirmed, with costs.

In January 1999 Jeffrey Kleeger (hereinafter the client) entered into a contingent fee agreement with the plaintiff law firm to prosecute a mortgage foreclosure action against, among others, the respondent, Sheldon Kleeger. Pursuant to that agreement, the plaintiff would retain 331/3% "of any money that may come into its hands," plus disbursements. In addition, the plaintiff and the client agreed "not to settle this...

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