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DUBROW v. HERMAN & BEININ

9145, 651605/16.

171 A.D.3d 672 (2019)

99 N.Y.S.3d 271

2019 NY Slip Op 03297

Alan Dubrow, Respondent, v. Herman & Beinin et al., Appellants.

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

Decided April 30, 2019.

Plaintiff alleges that defendants, who represented him in an employment discrimination action, failed to return the unexhausted portion of his $176,500 retainer pursuant to the parties' oral agreement.

Defendants failed to eliminate all factual disputes regarding the nonexistence of the oral agreement (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d...

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