Legal Opinion

Yahudaii v. Baroukhian

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

Decided November 17, 2011PublishedCited by 2 opinions

1Opinion of the Court

*558The JHO’s findings are supported by the record (see Barrett v Toroyan, 45 AD3d 301 [2007]). To the extent defendant challenges the quality of the legal services provided, his contentions are unavailing, because he failed to raise them before the JHO (see Marcano v U-Haul Co. of Va., 82 AD3d 479 [2011]; Dilorio v Gibson & Cushman of N.Y., 204 AD2d 167 [1994]). Similarly, at the inquest, defendant failed to raise the claim that he was misled as to what was scheduled to take place on the day of the inquest itself.

We find that the fee dispute is not subject to arbitration. While the retainer…

2Cases cited3 opinions

  1. DiIorio v. Gibson & Cushman of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Barrett v. ToroyanAppellate Division of the Supreme Court of the State of New York · 2007
  3. Marcano v. U-Haul Co.Appellate Division of the Supreme Court of the State of New York · 2011

3Cited by2 opinions

  1. Rosado v. AlhatiAppellate Division of the Supreme Court of the State of New York · 2013
  2. Rosado v. AlhatiAppellate Division of the Supreme Court of the State of New York · 2013

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