SHERESKY ARONSON & MAYEFSKY, LLP v. WHITMORE


53 A.D.3d 414 (2008)

861 N.Y.S.2d 44

SHERESKY ARONSON & MAYEFSKY, LLP, Appellant, v. HOLLY WHITMORE, Respondent.

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

Decided July 8, 2008.


The subject "Premium Fee" clause in the parties' retainer agreement provides: "We reserve the right to discuss with you at the conclusion of your matter your payment of a reasonable additional fee to us, in excess of the actual time and disbursements, for exceptional results achieved, time expended, responsiveness accorded, or complexity involved in your case. However, no such fee will be charged to you without your consent." The clause does not satisfy the plain language...

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