SETH RUBENSTEIN, P.C. v. GANEA


41 A.D.3d 54 (2007)

833 N.Y.S.2d 566

SETH RUBENSTEIN, P.C., Respondent-Appellant, v. CYNTHIA GANEA, Appellant-Respondent.

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

April 3, 2007.


Attorney(s) appearing for the Case

Healy & Baillie, LLP, New York City (Alan C. Trachtman of counsel), for appellant-respondent.

Seth Rubenstein, P.C., Brooklyn (Nora S. Anderson of counsel), respondent-appellant pro se.

MASTRO, J.P., FLORIO and FISHER, JJ., concur.


OPINION OF THE COURT

DILLON, J.

On this appeal and cross appeal we are presented with two issues that have not previously been addressed at the appellate level. First, we are asked to address the question of whether an attorney who fails to obtain a written retainer agreement or letter of engagement with a nonmatrimonial client, in violation of 22 NYCRR 1215.1, may nevertheless recover the reasonable value...

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