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MESSENGER v. DEEM

No. 1871/2005

26 Misc.3d 808 (2009)

893 N.Y.S.2d 434

2009 NY Slip Op 29501

STANLEY MESSENGER, ESQ., Plaintiff, v. ANNA MARIE DEEM, Defendant.

Supreme Court, Westchester County.

Decided December 7, 2009.

Attorney(s) appearing for the Case

Michael A. Deem, Mount Vernon, for defendant.

Peter Ackerman, White Plains, for plaintiff.

OPINION OF THE COURT

WILLIAM J. GIACOMO, J.

Procedural Background

Plaintiff commenced this action to recover sums for legal services rendered to defendant during her divorce proceedings.

In his complaint, plaintiff alleged that "[p]ursuant to Second Department case law, notice of right to arbitrate legal fees need not be provided to a client who never disputes the reasonableness of an attorney...

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