[Download] "Matter Jerome B. Tobias v. Caroline Smith" by Supreme Court of New York " eBook PDF Kindle ePub Free

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Title: Matter Jerome B. Tobias v. Caroline Smith
Author : Supreme Court of New York
Release Date : January 26, 1965
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

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In our opinion, the papers before Special Term required that a hearing be held for the resolution of all the issues raised, including particularly the issues above stated (see Gair v. Peck, 6 N.Y.2d 97; Matter of Cox v. Scott, 10 A.D.2d 32). Disposition Order reversed on the law and the facts, without costs, and proceeding remanded to the court below for purpose of: (1) holding a plenary hearing upon all the issues raised by the parties, including: (a) the question of the reasonableness of the attorney's fee as specified in the retainer agreement; and (b) the question of the propriety and reasonableness of the attorney's claimed expenses and disbursements in the action; and (2) making a determination de novo upon the basis of the proof adduced upon such hearing. It appears that Special Term fixed the amount of the attorney's lien by relying solely upon the petition, answer and affidavits submitted by the parties, including the terms of a purported 1957 retainer agreement.