MATTER OF KUCKER MARINO WINIARSKY & BITTENS, LLC v. NEIMAN

Index No. 656980/21, Appeal No. 2029, Case No. 2023-02991.

2024 NY Slip Op 01989

IN THE MATTER OF KUCKER MARINO WINIARSKY & BITTENS, LLC, Petitioner-Respondent, v. IZZY NEIMAN ALSO KNOWN AS ISRAEL NEIMAN, Respondent-Appellant.

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

Decided April 11, 2024.


Attorney(s) appearing for the Case

Storch Law, P.C., Brooklyn ( Binyomin Z. Bendet of counsel), for appellant.

Kucker Marino Winiarsky & Bittens LLC, New York ( Christopher McCann of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Gesmer, Shulman, Higgitt, Rosado, JJ.


Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered December 9, 2022, which denied appellant's motion to vacate a default judgment entered against him, unanimously affirmed, without costs.

Appellant contends he signed a retainer agreement with petitioner law firm on behalf of a nonparty company, of which he was an agent and an alleged employee. An arbitration clause in the retainer agreement provided that fee disputes between the "client" company and...

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