Gross v. Gross

In Gross v. Gross, 36 AD3d 318, [2d Dept 2006] where a client ratification was discerned by the Court, the Plaintiff-attorney was, in fact, formally substituted as counsel. Moreover, the matrimonial parties in Gross ultimately entered into a stipulation of settlement pursuant to which the Defendant-client expressly agreed that the Plaintiff's fees were to be deducted from the sale of her one-half equity interest in the marital residence. The Court in Gross also emphasized that the former client, in sworn court submissions, expressly referenced the original partnership retainer agreement as determinative of her current fee arrangement with the successor Plaintiff-attorney.