ZITO v. FISCHBEIN BADILLO WAGNER HARDING


58 A.D.3d 532 (2009)

871 N.Y.S.2d 138

ROBERT J.A. ZITO, Respondent, v. FISCHBEIN BADILLO WAGNER HARDING et al., Defendants. NIMKOFF ROSENFELD & SCHECHTER, LLP, Nonparty Appellant.

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

January 22, 2009.


Plaintiff Zito had been a contract partner with the now-defunct defendant Fischbein firm. He retained the nonparty appellant Nimkoff firm to bring a claim against Fischbein, a successor firm and its former partners for compensation allegedly due. Appellant was hired on contingency, with a $25,000 retainer. Under the retainer agreement, invoices unpaid for more than 30 days would accrue 1% interest per month, compounded monthly. If an invoice remained unpaid for more than...

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