In re the Estate of Kleefeld

Order and judgment (one paper), Surrogate’s Court, New York County (Marie Lambert, S.), entered September 6, 1989, which, inter alia, granted summary judgment to respondent dismissing petitioner’s claims for attorney’s fees allegedly due from respondent, unanimously reversed, on the law, without costs or disbursements, to grant summary judgment to petitioner on liability and to remand the matter for an assessment of damages.

Although we agree that petitioner cannot recover on his claim of breach of express contract since the written contingency retainer agreement is not broad enough to include…