Legal Opinion

Sherman v. Sherman

Appellate Division of the Supreme Court of the State of New York

Decided November 21, 2006PublishedCited by 10 opinions

1Opinion of the Court

*671In a matrimonial action in which the parties were divorced by judgment entered August 21, 2001, the plaintiff appeals from an order of the Supreme Court, Nassau County (Gibson, Ct Atty Ref), dated January 31, 2005, which denied her motion for an award of an attorney’s fee.

Ordered that the order is affirmed, with costs.

Absent substantial compliance with 22 NYCRR 1400.3, which requires the execution and filing of a retainer agreement setting forth, inter alia, the terms of compensation and the nature of services to be rendered, an attorney may not recover a fee from an adversary spouse (see…

2Cases cited4 opinions

  1. Mulcahy v. MulcahyAppellate Division of the Supreme Court of the State of New York · 2001
  2. Flanagan v. FlanaganAppellate Division of the Supreme Court of the State of New York · 1999
  3. Wagman v. WagmanAppellate Division of the Supreme Court of the State of New York · 2004
  4. Bishop v. BishopAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by10 opinions

  1. Seth Rubenstein, P.C. v. GaneaAppellate Division of the Supreme Court of the State of New York · 2007
  2. Felix v. FelixAppellate Division of the Supreme Court of the State of New York · 2013
  3. Weissman v. WeissmanAppellate Division of the Supreme Court of the State of New York · 2014
  4. Bentz v. BentzAppellate Division of the Supreme Court of the State of New York · 2010
  5. Eisenberger v. BliskoAppellate Division of the Supreme Court of the State of New York · 2013

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