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KAUFMAN v. KAUFMAN

63 A.D.3d 618 (2009)

880 N.Y.S.2d 491

SCOTT KAUFMAN, Respondent, v. JENNIFER KAUFMAN, Defendant. COHEN LANS LLP, Nonparty Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 25, 2009.

In this matrimonial action, the contractual provision in the retainer agreement that purports to authorize counsel to withdraw upon nonpayment of fees does not vitiate the procedural requirements of CPLR 321 (b), nor does it deprive the court of its traditional discretion in regulating the legal profession by overseeing the charging of fees for legal services (see e.g. Solow Mgt. Corp. v Tanger, 19 A.D.3d 225 [2005]). The motion...

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