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INA KAYDEN, PLAINTIFF, v. FRED KAYDEN, RESPONDENT, ET AL., DEFENDANT; MONTELEONE MONTELEONE, NONPARTY-APPELLANT.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The appellant law firm which represented the respondent, Fred Kayden, in a portion of this litigation, moved, inter alia, to withdraw as counsel, and for the court to determine its fee. The Supreme Court denied that branch of the motion which was to set its counsel fee. We affirm, but on a different ground. The appellant is not entitled to recover a legal fee for services rendered to the respondent because it failed to execute and file a written retainer agreement that complied with the relevant rules for such matters (see, 22 NYCRR 1200.11(c)(2)(ii); 1400.3; Potruch v. Berson, 261 A.D.2d 494).

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KAYDEN v. KAYDEN
(Dec 6, 2000)