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N.Y. Appellate Divisions

ATTORNEYS, CIVIL PROCEDURE -A panel of arbitrators held that a plaintiff's attorneys were entitled to a substantial portion of the fees sought in a matrimonial action.The appellate division dismissed the plaintiff's claim that her attorneys charged excessive fees, and committed fraud and legal malpractice. The determination fixing the value of their services necessarily determined that there was no malpractice. See ruling.

ATTORNEYS, ARBITRATION - An attorney was directed to return a $10,000 retainer that he had accepted from his client. The appellate division found that the arbitration award was improperly vacated because the attorney's excuse for failing to comply with the order - that his office "failed to calendar the matter" - was not reasonable. Also, the attorney failed to establish his entitlement to attorney fees, which the arbitrators had rejected. See ruling.

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