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BYRNAM WOOD, LLC v. DECHERT LLP

50 A.D.3d 455 (2008)

856 N.Y.S.2d 566

BYRNAM WOOD, LLC, Appellant, v. DECHERT LLP, Respondent.

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

Decided April 15, 2008.

The plain words of the parties' agreement do not support plaintiff's interpretation that the agreement was a retainer agreement entitling it to a $225,000 fixed fee whether or not defendant asked it to perform any services so long as plaintiff was ready, willing and able to perform the services delineated in the agreement. A reading of the agreement as a whole "so as to give each part meaning" (Brooke Group v JCH Syndicate 488, 87 N.Y.2d 530

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