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Yalango v. Popp

85 N.Y.2d 960 Court N.Y. Decision date 1995-05-04 English

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p. 960
Daniel A. Yalango, an Incompetent, by Alan P. Goldberg, the Committee of His Property, Appellant, et al., Plaintiff, v A. John Popp et al., Defendants; O’Connell and Aronowitz, P. C., Respondent.
Submitted January 17, 1995;
decided May 4, 1995
p. 961
Motion by respondent O’Connell and Aronowitz, P. C. for clarification of this Court’s opinion and for amendment of remittitur denied. [See, 84 NY2d 601 .] This Court’s opinion established that respondent was required to return all moneys retained in excess of the statutory fee to appellant. The issue of interest accrual was never addressed in the parties’ submissions to this Court, and is not appropriately raised for the first time on this motion.

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