.... prima facie cause of action, and that his claims are not otherwise precluded by 22 NYCRR §1215.1. The unsigned retainer agreement is...plaintiff from presenting at trial either the unsigned retainer agreement or testimony to establish that Katz did in fact sign the agreement in his personal capacity, the court agrees with plaintiff that...the Statute of Frauds does not warrant preclusion. Contrary to defendant's contention, the unsigned retainer agreement satisfies...

...its fees and costs incurred in bringing the action under the parties' unsigned retainer agreement. While there is no dispute that the retainer agreement was sent to Toussie or that he did not object to...its substantive terms, including the fee-shifting clause, there is also no dispute that Toussie did not sign the agreement. Accordingly, a question of fact remains as to whether Toussie agreed to the...

...contends that plaintiff and Glas agreed to deduct expenses from any gross settlement amount before calculating the one-third contingency fee, pursuant to a modified retainer agreement. Id. at 1-2. Finally, plaintiff argues th...charging lien, the Court now determines the amount of the charging lien. Glas contends that pursuant to the terms of the unsigned retainer agreement, Glas...fraud, deceit, overreaching, or undue influence.”). The compensation terms of any retainer agreement, therefore, must be enforced. See Koury, 2003 WL 21279441, at *2; Joseph Brenner Assocs., Inc. v. Starmaker Ent., Inc....

...either the unsigned retainer agreement or testimony to establish that Katz did in fact sign the agreement. The court found that "...the unsigned... retainer agreement and that he did so in this matter memorializing the terms of his retention. The Agreement remained on his computer in an electronic retainers file ...court action involving the NY Mets. It is undisputed that Tokayer does not have the original or copy of the executed retainer agreement. He produced an unsigned retainer agreement from his computer that...

...demonstrates that Kelly represented Manhattan Review, LLC ("MR"), rather than Yun. First, the only retainer agreement produced by Yun is an unsigned retainer agreement between Kelly and MR (Higgins Aff. in...Supp., Ex. F). In addition, the legal work Kelly did was for the benefit of MR -- including, inter alia, Kelly incorporating MR, drafting MR's operating agreement, and providing advice...

...with plaintiff's work on behalf of KSI. Plaintiff avers that, in general, an unsigned retainer agreement can be enforceable, but this general proposition is not probative of the specific issue here...... of another" be in writing and signed by the party to be charged therewith; however, plaintiff never produced a retainer agreement signed by Katz...$3,000 check Katz signed, payable to plaintiff, which stated "retainer agreement" in the memo line. However, the check was written on KSI's account, not Katz's personal account. Plaintiff also cites Katz's...

...prepared by his "billing company." He also submitted a copy of an unsigned retainer agreement for the "landlord/tenant matter" in Civil Court, and.... When the parties appeared for oral argument, the court issued an interim order directing attorney Marzec, by to serve and file a copy of his retainer agreement with plaintiff for the instant...states that he has "not been able to locate a written retainer agreement in the instant case file." Although plaintiff's new...

...acknowledges that Defendant "denies knowledge of the English Language." Crucially, the supposed agreement that Plaintiff seeks to enforce here is a retainer agreement. Plaintiff alleges that he was retai...and understood by the client." Id. Even taking Plaintiff's alleged facts to be true and given every favorable inference, the issue is whether an unsigned retainer agreement (in violation of the...cash. Defendant alleges that he understood this to be a flat fee, and Plaintiff alleges that this was an advance. Plaintiff claims that he had a retainer agreement with Defendant setting forth an...

...apartment for out-of-pocket expenses. In addition to indicating that the complaint sought millions of dollars, the Sulzberger letter also enclosed an unsigned retainer agreement on the Berger...plaintiff should advise Sulzberger not to distribute copies of the law firm retainer forms to any potential claimant. He denied as unwarranted the alternate relief sought by the defendants which would have...

..., on its action for payment of unpaid legal fees. On appeal, the defendant claims that the court improperly concluded that (1) an unsigned retainer agreement was.... The defendant first claims that the plaintiff seeks payment for services that were not performed. The defendant bases her argument on the statement in the ...engagement letter mailed to her by the plaintiff following a meeting of the parties, it was undisputed that after receiving the letter, the defendant mailed to the plaintiff a $7500 retainer fee as...

...of the Law Offices of Dale D. Billips. The letter provided: "Pursuant to my conversation of October 2, 1986 with Mr. Daniels, enclosed is a retainer agreement in the above-captioned matter. Please review the agreement and i...ways." Ms. Ramsey continued to work with Mr. Billips. The terms of the dissolution included an agreement that the partners would split the partnership files and share the proceeds with regard to...agreement indicated that the Law Offices of Dale D. Billips...

...retained him on or before December 14, 1994. When asked whether an unsigned retainer agreement dated December 14, 1994 would be the operative...hearing. ISSUES RAISED BY THE MOTION A. The Retainer Agreement and Client's statement of Rights and Responsibilities On direct...not see a retainer agreement and to his knowledge the defendant did not sign one at that time. Admitted into evidence on March 11...

...plaintiff to discuss the action. Defendant maintains that he agreed to pay "any out of pocket expenses incurred" related to the litigation, but not legal fees. Defendant submits a retainer agreement from plaintiff to defendant, whic.... Defendant avers that his correct address is 164 Pebble Lane, Hewlett, New York 11557. Defendant's moves to dismiss plaintiff's first cause of action as the retainer agreement is unsigned. ...unsigned retainer agreement ( Granto v Granto , 75 AD3d 434, 904 NYS2d 67 [1st...

...concerns regarding the unsigned retainer agreement, but Sahagen assured Conner that Thornapple would be paid for its services. On December 13, 2005, Thornapple received an additional...5-701]." (Pl. Mem. 6.) Even if the unsigned retainer agreement itself did not form the basis of an express agreement between the parties as to the balance owed by Defendants, Sahagen's..., Thornapple sent Wille a retainer agreement, providing inter alia that Thornapple would charge Sahagen at a rate of $375 per hour for its services plus expenses. Wille confirmed that the...

...) of the various debtors or Gus Companies Pu represented — clearly outlining the terms of his retention. He has also provided an unsigned retainer agreement between (i) all of the debtors herein except...matter. This fact is clearly inferred from the various entities' agreements to joint representation and is further evidenced by the unsigned retainer agreement which explicitly provides for joint and.... The unsigned retainer agreement did contain the additional proviso that the various clients would be jointly and severally liable on the de...

..., 71 F. Supp.2d 365, 368 (S.D.N.Y. 1999). The defendants argue that they represented DDC and not the plaintiff individually, as indicated by an unsigned retainer ...equity interest in DDC independent of the M.S. Farrell transaction. Gupta rejected the letter and provided Kaplowitz with an unsigned counter-proposal, which proposed providing Rubin with "the right to...stock of Odimo. Pursuant to the agreement, Gupta pledged 667,666 of his common stock with defendant Shaul Olmert, the investor companies' Pledge Escrow Agent, as security for the representations and...

...) for legal fees for services provided in accordance with an alleged retainer agreement. Defendant moves to dismiss the complaint, pursuant to CPLR 3211(a)(8), for lack of personal...jurisdiction. Also before the Court is a cross-motion by plaintiff pursuant to CPLR 3211(b) and (c) and CPLR 3212 for breach of the retainer agreement, and also an...located in New York County. Plaintiff alleges that in or about January of 2005, she and the defendant entered into a written retainer agreement wherein plaintiff agreed to represent the defendant at a...

...after not receiving a signed copy from defendant (Affidavit of Plaintiff in Support of Amended Cross-Motion for Summary Judgment at ¶ 15), and she attaches the unsigned retainer agreement (id. at...(plaintiff) instituted the herein against her former client Sharyl R. Davis (defendant) for legal fees for services provided in accordance with an alleged retainer agreement. Defendant moves to dismiss the...CPLR 3212 for breach of the retainer agreement, and also an account stated for legal fees and costs and disbursements. Plaintiff also seeks in her cross-motion pre-judgment interest...

...later, he testified that the defendant had retained him on or before December 14, 1994. When asked whether an unsigned retainer agreement dated December 14, 1994 would be the operative agreement....         ISSUES RAISED BY THE MOTION         A. The Retainer Agreement and Client's Statement of Rights and Respo...between the defendant and his firm he indicated that it would be. Mr. S., an associate of R.s&sR., testified that in December 1994 he did not see a retainer agreement and to his knowledge the defendant...

...and to modify the unsigned retainer agreement so that those funds would be paid at the end of the representation. Respondent spent 1.75 hours with Complainant. ‘74...no work performed as to sentencing. An accounting was requested. Respondent refused to return any of the retainer, citing the “non-refundable” clause in the fee agreement...Respondent's office on January 11, 2012, and requested a return call. ‘61. Respondent e-mailed a “Retainer Agreement” to Complainant on January 12, 2012. Complainant...