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MERENDINO v. FMC CORP.

181 N.J. Super. 503 (1981)

438 A.2d 365

ROSE ANN MERENDINO, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF JOSEPH MERENDINO, JR., AND GENERAL ADMINISTRATRIX OF THE ESTATE OF JOSEPH MERENDINO, JR., PLAINTIFF, v. FMC CORPORATION, WAYNE MANUFACTURING COMPANY, INC. AND NORTH JERSEY EQUIPMENT COMPANY, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division Bergen County.

Decided November 6, 1981.

Attorney(s) appearing for the Case

Alan Y. Medvin, for plaintiff (Horowitz, Bross, Sinins, Imperial & Medvin, attorneys).

Paul L. Potenza, guardian ad litem, for Justine Merendino, filed a report as guardian ad litem respecting proposed settlement.

No appearance was required on behalf of any of the remaining parties.

SIMPSON, A.J.S.C.

This is an application under R. 1:21-7(f) for approval of an attorney's fee in excess of the contingent fee provided for in the retainer agreement or allowable pursuant to R. 1:21-7(c). The retainer and rule schedule are identical, except the retainer only provides for 33 1/3% of the first $3,000 recovered while the rule permits up to 50% on the first $1,000 and 40% on the next $2,000. Plaintiff's counsel seeks a fee of $103,691.25...

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