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COSTA v. ARANDIA & ARANDIA

158085/13. Appeal No. 12486. Case No. 2019-05006.

188 A.D.3d 591 (2020)

132 N.Y.S.3d 753

2020 NY Slip Op 06945

Luciana Costa, Appellant, v. Arandia & Arandia et al., Respondents.

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

Decided November 24, 2020.

The motion court properly found the contingency fee agreement to be enforceable. Duly agreed contingent fee arrangements are generally valid (see Lawrence v Graubard Miller, 11 N.Y.3d 588, 596 n 4 [2008]). Although there is an exception to this rule where the fee is "contingent upon the securing of a divorce ... or is in any way determined by reference to the amount of maintenance, support, equitable distribution, or property settlement...

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