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V.W. v. J.B.

New York Supreme Court

165 Misc. 2d 767, 629 N.Y.S.2d 971 (1995)

Facts

A woman (plaintiff) hired an attorney (defendant) for her divorce proceedings. After more than two years of negotiations, the woman’s husband agreed to pay her much more than he initially offered. After the woman signed the separation agreement—but seemingly before her husband signed the copy of the agreement faxed to him—the woman entered into a performance-fee agreement with her attorney to pay the attorney a $2 million bonus for results obtained. After paying the first $1 million installment, the woman decided not to pay the remainder. She hired new legal counsel and filed suit in New York Supreme Court, seeking recission of the fee agreement. The attorney counterclaimed for the full balance. The woman moved for summary judgment.

Rule of Law

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Issue

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Holding and Reasoning (Friedman, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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