Gross v. Russo

At the commencement of the trial of this action, the parties requested a ruling on the validity of a retainer agreement so that an appeal may be had on a minimal record. At the court’s suggestion, the trial was adjourned and defendant moved to dismiss plaintiff’s second cause of action upon the ground that the retainer is void and violative of public policy. The retainer reads as follows:

“This will confirm my retainer * * * as a 50% contingency retainer and that in the event you discontinue the action without my consent, my liquidated damages shall be in the sum of $25,000.”

For the purposes…