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FRECHTMAN v. GUTTERMAN

1501N, 653353/14.

140 A.D.3d 538 (2016)

36 N.Y.S.3d 1

2016 NY Slip Op 04816

A. BERNARD FRECHTMAN, Appellant, v. ALLEN GUTTERMAN et al., Respondents.

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

Decided June 16, 2016.

Defendant's claim that plaintiff is not entitled to legal fees because he no longer has an office in New York is unpreserved, as it was not raised before the motion court, and, in any event, is unavailing (see Matter of Garrasi, 29 Misc.3d 822, 830 [Sur Ct, Schenectady County 2010]). Moreover, plaintiff has conceded that there was no retainer agreement, and thus, his breach of contract...

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