Appellate Division of the Supreme Court of New York, 1949

Guiterman v. O'Donnell

Guiterman v. O'Donnell
Appellate Division of the Supreme Court of New York · Decided June 13, 1949
275 A.D.2d 947
Guiterman v. O'Donnell

Opinion of the Court

*948Under the state of the pleadings the true scope and precise nature of the agreement between the parties may only be determined upon the evidence adduced at a trial. It may not be held that the only reasonable construction of the complaint establishes an action by a client to share illegally contingent fees with his attorney and to assist in the obtaining thereof. Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur. [See post, p. 961.]

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