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MARGOLIN v. GROSSMAN

Appellate Division of the Supreme Court of New York, First Department.
Oct 20, 1998

Since plaintiff contests defendants' position that, as per their agreement, plaintiff in fact received 50% of the amounts received by defendants from their clients for the five matters in question, the fee arrangements between defendants and these five clients are material and necessary. Attorneys' fee arrangements and bills are not within the scope of the attorney-client privilege ( see, Matter of Priest v. Hennessy, 51 N.Y.2d 62; Duttle v. Bandler Kass, 127 FRD 46, 52), and the challenged discovery notice and interrogatories do not otherwise warrant limitation or regulation as burdensome ( see, Bassett v. Bando Sangsa Co., 94 A.D.2d 358, 361, appeal dismissed 60 N.Y.2d 962).

Concur — Nardelli, J. P., Wallach, Tom and Andrias, JJ.