1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 101 A.D.3d
  5. 101 A.D.3d 656 (2012)
 

ALBUNIO v. CITY OF NEW YORK

8923N, 113037/03.

101 A.D.3d 656 (2012)

955 N.Y.S.2d 876

2012 NY Slip Op 9187

CAPTAIN LORI ALBUNIO et al., Appellants-Respondents, v. CITY OF NEW YORK et al., Defendants. MARY D. DORMAN, Nonparty Respondent-Appellant.

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

December 27, 2012.

The broad terms of the contingency fee agreement providing for a fee of 331/3% of "the sum recovered, whether recovered by suit, settlement or otherwise," unambiguously require that the award of attorneys' fees be included in "the sum recovered." The cases cited by plaintiffs involve retainer agreements with narrower provisions (see e.g. Bates v Kuguenko, 100 F.3d 961 [9th Cir 1996] [table; text at 1996 WL 654449, *1, 1996...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases