GELWAN v. YOUNI GEMS CORP.

653656/13. 4368. 4367.

151 A.D.3d 638 (2017)

2017 NY Slip Op 05187

59 N.Y.S.3d 10

LLOYD A. GELWAN, Respondent-Appellant, v. YOUNI GEMS CORPORATION et al., Appellants-Respondents, et al., Nominal Defendant.

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

Decided June 27, 2017.


Plaintiff seeks to recover legal fees and costs relating to his successful representation of defendants in an action involving a joint venture enterprise called Bassco Creations, pursuant to a contingency fee retainer agreement that contained an arbitration provision, and for work performed outside of the retainer agreement.

The motion court correctly found that defendants' counterclaims do not allege conduct sufficiently egregious to support a Judiciary Law §...

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