GILBERT v. WITHERS

2015-04604. Index No. 11683/11.

151 A.D.3d 945 (2017)

58 N.Y.S.3d 90

2017 NY Slip Op 05072

HYMAN & GILBERT, Appellant, v. GAIL WITHERS, Respondent.

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

Decided June 21, 2017.


Ordered that the judgment is affirmed, with costs.

This is an action to recover legal fees based on the plaintiff law firm's representation of the defendant in her efforts to enforce the maintenance and child support provisions of her separation agreement and judgment of divorce, and to oppose her former husband's petition for downward modification of his maintenance and child support obligations.

In September 2008, the defendant signed a "post judgment retainer...

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