Court of Appeals of New York

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Albunio v. The City of New York, 49

In a dispute between plaintiffs and their attorney regarding attorney fees following their success in a civil rights action under the New York City Human Rights Law in which plaintiffs' attorney was awarded statutory fees at the trial and appellate level, the lower courts' enforcement of the retainer agreements and adoption of the attorney's calculation of fees thereunder, are: 1) modified as to the fees for trial work, where absent a contract term expressly providing for a different distribution, an attorney is entitled to the greater of either the contingency fee or the statutory award; but 2) affirmed as to the fees for appellate work, where, in light of their unequivocal terms, the Appellate Agreements should be enforced as written.

Appellate Information

  • Decided 04/03/2014
  • Published 04/03/2014

Judges

  • LIPPMAN

Court

  • Court of Appeals of New York

Counsel

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