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Holmes v. Y.J.A. Realty Corp.

Appellate Division of the Supreme Court of New York
128 A.D.2d 482 (1987)


Facts

Holmes sued Y.J.A. Realty Corp. (defendant) and Yori Abrahams (defendant) to recover damages for personal injury. Y.J.A. and Abrahams signed an agreement retaining attorney Donald Goldman (plaintiff). The agreement provided that Goldman’s fees would be billed at $125 hourly for law office work and $400 daily for court appearances. Holmes’ suit was pending for three years, with no notes of issue filed. Although Goldman demanded payment for the outstanding balance of $2,275.30, Y.J.A. and Abrahams refused to pay. Goldman moved to withdraw as counsel. The court denied the motion. Goldman appealed.

Rule of Law

Issue

Holding and Reasoning

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