Potruch v. Berson

Full title: ALEXANDER POTRUCH, P. C., Appellant v. JEANNE BERSON, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 17, 1999

261 A.D.2d 494 (N.Y. App. Div. 1999)

688 N.Y.S.2d 897

Opinion

May 17, 1999

Appeal from the Supreme Court, Nassau County (Phelan, J.).

Ordered that the order is affirmed, with costs.

Contrary to the appellant's contention, it is not entitled to recover legal fees for services rendered in the respondent's matrimonial action. The appellant failed to execute and file a written retainer agreement with the respondent setting forth in plain language the terms of the compensation and the nature of the services rendered after it was substituted as the respondent's attorney ( see, Code of Professional Responsibility DR 2-106 [c] [2] [B] [ 22 NYCRR 1200.11 (c) (2) (ii); 1400.3]).

The appellant's remaining contentions are without merit.

Sullivan, J. P., Krausman, Florio and Smith, JJ., concur.