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UNITRADE MARKETING GROUP, INC. v. 200 FIFTH LLC

4604, 603856/05.

82 A.D.3d 594 (2011)

918 N.Y.S.2d 722

UNITRADE MARKETING GROUP, INC., et al., Plaintiffs, v. 200 FIFTH LLC, Defendant. JAROSLAWICZ & JAROS, LLC, Respondent, v. LAURIE SCHACHT et al., Appellants.

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

Decided March 24, 2011.

The record supports the court's confirmation of the Special Referee's finding that, in settling the underlying action, defendant orally agreed to pay petitioner's legal fee by adding ten percent to the settlement amount it agreed to pay respondents (see generally Namer v 152-54-56 W. 15th St. Realty Corp., 108 A.D.2d 705, 705-706 [1985]). The record indicates that respondents were aware of and consented to the oral agreement...

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