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KOVKOV v. LAW FIRM OF DAYREL SEWELL, PLLC

300163/18. Appeal No. 12027. Case No. 2019-2577.

187 A.D.3d 505 (2020)

134 N.Y.S.3d 15

2020 NY Slip Op 05682

Aleks Y. Kovkov, Appellant, v. Law Firm of Dayrel Sewell, PLLC, et al., Respondents, et al., Defendants.

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

Decided October 13, 2020.

The motion court correctly declined to consider defendants' alleged oral agreement to limit the fees and costs incurred in their representation of plaintiff in the underlying action to $7,500, by which plaintiff seeks to contradict or modify the terms of the parties' retainer agreement (see Marine Midland Bank-S. v Thurlow, 53 N.Y.2d 381, 387 [1981]). The retainer agreement clearly provides...

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