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STEWART v. NYC TR. AUTH.

13911/99.

125 A.D.3d 129 (2014)

998 N.Y.S.2d 370

SHELTON STEWART, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided December 30, 2014.

Attorney(s) appearing for the Case

Alexander J. Wulwick , New York City, for appellant.

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York City ( Joel M. Simon of counsel), for respondent.

MAZZARELLI, J.P., and FEINMAN, J., concur with MANZANET-DANIELS, J.; FRIEDMAN and SAXE, JJ., dissent in a separate opinion by SAXE, J.

OPINION OF THE COURT

The motion court erroneously determined that it had the inherent authority to reduce the fee plaintiff and his attorneys had agreed upon in connection with the successful defense of the verdict on appeal. Since the parties clearly excluded appellate work from the initial retainer, and executed...

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