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GAULSH v. DIEFENBACH PLLC

Index No. 654346/15. Appeal No. 13600-13600A. Case No. 2020-02624.

193 A.D.3d 530 (2021)

142 N.Y.S.3d 348

2021 NY Slip Op 02343

Sune Gaulsh, Appellant, v. Diefenbach PLLC, Respondent.

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

Decided April 15, 2021.

Attorney(s) appearing for the Case

Sune Gaulsh, appellant pro se.

Diefenbach PLLC, New York ( Gordon Price Diefenbach of counsel), for respondent.

Concur—Renwick, J.P., Gische, Moulton, Mendez, JJ.

Contrary to plaintiff's contention, the retainer agreement in question was an advance payment retainer, and defendant was permitted to place the retainer funds in its operating account (Ruberto v DeFilippo, 29 Misc.3d 1236[A], 2010 NY Slip Op 52170[U], *3-4 [Civ Ct, Richmond County 2010]).

In any event, the issue was moot, given that this Court had already granted plaintiff judgment on liability (Gaulsh v Diefenbach PLLC, 162 A.D.3d...

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