Jacobson v. Sassower

Kupferman, J. P.,

dissents in a memorandum as follows: I would reverse and dismiss.

Appellant is a well-known and qualified matrimonial lawyer. Respondent client had a preliminary consultation with the attorney, for which he paid $100. Four days later, the client executed a retainer agreement and paid, pursuant to that agreement, a “nonrefundable” retainer fee of $2,500. This fee was to be applied to the first 25 hours of the attorney’s services at a rate of $100 per hour. A little over one month after the agreement was executed, the client discharged the attorney and engaged substitute…