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LAWRENCE v. GRAUBARD MILLER

48 A.D.3d 1 (2007)

853 N.Y.S.2d 1

ALICE LAWRENCE, Appellant, v. GRAUBARD MILLER et al., Respondents. In the Matter of the Estate of SYLVAN LAWRENCE, Deceased. GRAUBARD MILLER, Respondent; ALICE LAWRENCE et al., Appellants. In the Matter of the Estate of SYLVAN LAWRENCE, Deceased. GRAUBARD MILLER et al., Respondents; ALICE LAWRENCE, Appellant.

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

November 27, 2007.

Attorney(s) appearing for the Case

Greenberg Traurig LLP, New York City (Leslie D. Corwin, Israel Rubin and Stephanie R. Feldman of counsel), for Alice Lawrence, appellant.

Greenfield Stein & Senior, LLP, New York City (Norman A. Senior, Gary B. Friedman and Jamie R. Dyce of counsel), for Richard Lawrence, appellant.

Flemming Zulack Williamson Zauderer LLP, New York City (Mark C. Zauderer of counsel), for Graubard Miller, respondent.

Graubard Miller, New York City (C. Daniel Chill, Elaine M. Reich and Steven Mallis of counsel), respondents pro se.

FRIEDMAN, MARLOW and NARDELLI, JJ., concur with ANDRIAS, J.P.; CATTERSON, J., dissents in a separate opinion.

OPINION OF THE COURT

ANDRIAS, J.P.

In these appeals arising from a Surrogate's Court proceeding to determine what legal fees are due to the law firm of Graubard Miller for its representation of Alice Lawrence and her son Richard Lawrence in connection with the estate of her late husband, the principal issue presented is whether a 2005 revised retainer agreement calling for Mrs. Lawrence to pay a contingency fee of 40% of any future monies distributed to...

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