WIN HAY LLC v. CHIN

4730, 109556/09.

83 A.D.3d 450 (2011)

920 N.Y.S.2d 340

WIN HAY LLC, Respondent, v. ANDREW CHIN, Defendant, and ANDY H. CHOI, Appellant.

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

Decided April 7, 2011.


The documentary evidence refuted plaintiff's allegations that plaintiff retained Choi to represent it in connection with its application for a tax exemption for certain real property (see CPLR 3211 [a] [1]). Although plaintiff purportedly paid a portion of a retainer fee to Choi, the record shows that the entire amount of the retainer was forwarded to defendant Chin, who admittedly represented plaintiff in connection with the application and who plaintiff had met with...

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