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GEE v. SALEM DAY CARE CENTER

47 A.D.3d 478 (2008)

850 N.Y.S.2d 64

BRENDA GEE, Appellant, v. SALEM DAY CARE CENTER et al., Respondents.

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

Decided January 17, 2008.

Although plaintiff signed a retainer agreement that stated otherwise, it is uncontested that she agreed to pay her attorneys a one-third contingency fee for services rendered in connection with her personal injury action, a fee considered reasonable in such actions (see 22 NYCRR 603.7 [e] [2] [schedule B]). Since a fee in a personal injury case may be calculated either as a fixed percentage of the sum recovered or pursuant to a sliding scale (see 22 NYCRR 603...

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