Preview
FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024
WATRER E. ANDEROGGI
ATTORNEY AT LAW
32 COURT STREET, BROOKLYN, N.Y. I I201
(7 I8) 596-2 I50
9OO SOUTH AVENUE
RE: DAYAN V. DAYAN ExEcuTivE suiTEs ano rt.
STATEN iSLAND, N.Y. 1O314
°''' "**-ª*°°
This agreement constitutes a binding legal contract and
should be reviewed carefully.
It is agreed and understood that you have retained this office
for the sum of TWENTY-FIVE THOUSAND DOLLARS
($25,000.00) for Contested Matrimonial proceedings.
Receipt of the sum of ONE THOUSAND DOLLARS
($1,000.00) is acknowledged on May 22, 2019 in one (1) check.
Payments will be made of $2,500.00 per month commencing
June 22, 2019 and monthly thereafter until full payment of the
retainer is made.
Thereafter should the retainer amount be exhausted, client
will pay all balances within thirty (30) days of billing.
It is further understood and agreed that this office bills at the
hourly rate of FIVE HUNDRED DOLLARS ($500.00) which will
be deducted from the retainer as the work progresses. Travel time is
billed at the rate of $100.00 per hour.
Further billing if necessary, will be forwarded as legal
services continue on your behalf.
All unused portions of your retainer payment will be
returned.
With respect to the matter which is specified above, this
retainer agreement and any sums paid this firm pursuant hereto, do
not cover any services relative to any appeal or any other services
which might be required following the entry of a final judgment or
order, including but not limited to such matters as enforcement or
modification. Our representation shall terminate with the entry of a
final judgment or order in your matter, unless extended by mutual
agreement between us in writing.
The client authorizes the Law Firm to take any steps which,
in the sole discretion of the firm, are deemed necessary or
appropriate to protect the client's interest in the matter.
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FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024
This retainer payment does not necessarily represent the
amount of the overall fee which you may incur by virtue of our
services. The total legal fee will be based upon our regular schedule
of established hourly time charges, along with any disbursements
(such as court costs, messenger services, transcripts of proceedings,
long distance telephone calls, telefaxes, process service fees,
mileage, deposition and court transcripts, and excess postage) which
are incurred in your behalf.
The hourly rates apply to all time expended relative to your
matter including but not limited to, office meetings and conferences,
telephone calls and conferences made or held on your behalf or
related to your matter along with any and all preparation, review and
revision of correspondence, pleadings, motions, disclosure demands
and responses, affidavits and affirmations, or any other documents,
memoranda, or papers relative to your matter and legal research,
court appearances, conferences, file review, preparation time, travel
time, (ONE HUNDRED DOLLARS [$100.00] per hour) and other
time expended on behalf of or in connection with your matter.
Notwithstanding the above, if the attorney-client
relationship is terminated without your matter having been
concluded, e.g., if you and your spouse were to reconcile and the
action was discontinued, or if you were to discharge the undersigned
as your attorney, or if the undersigned were to withdraw its
representation, a fair and reasonable fee would be determined in
accordance with legally accepted standards. Presently, the legally
recognized elements of a reasonable fee, as set forth in the Code of
Professional Responsibility, are as follows:
" The time and labor required, the and of the
novelty difficulty
questions involved and skill requisite to perform the legal
services properly.
" The likelihood, if apparent or made known to the client, that
the acceptance of the particular employment will preclude
other employment by the lawyer. (You should know that the
law firm, by accepting retention as your attorney, is clearly
precluded from representing the opposing party against you).
-2-
FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024
" The fee charged in the for similar legal
customarily locality
services.
" The amount involved and the results obtained.
" The time limitations imposed the client or
by by
circumstances.
" The nature and length of the professional with
relationship
the client.
" The experience, reputation and of the lawyers
ability
performing the services.
" Whether the fee is fixed or contingent. (You should know
that the Code of Professional Responsibility provides: "A
lawyer shall not enter into an arrangement for charge or
collect...[any fee in a domestic relations matter, the
payment or amount of which is contingent upon the
securing of a divorce or upon the amount of
maintenance, support, equitable distribution or property
settlement...")
You have the absolute right to cancel this retainer agreement
at any time. Should you exercise this right, you will be charged only
the fee expenses (time charges and disbursements) incurred within
that period, based upon the hourly rates set forth in this agreement,
and the balance of the retainer fee, if any, will be promptly refunded
to you.
You agree to pay us such additional fees and to reimburse us
for our advances on your behalf that may be due from time to time
not later than thirty (30) days from the date that we shall submit a
bill to you for same. If an amount due to us is not paid within thirty
(30) days after our statement to you of the amount due, interest at
the rate of six percent (6%) per annum [or interest at the prevailing
statutory rate as set forth in the Civil Practice Law and Rules] shall
be added to the balance due to us.
In addition to the forgoing, your responsibility will include
direct payment or reimbursement of this firm for disbursements
advanced on your behalf, the same to include, but not necessarily be
limited to, court filing fees, recording fees, charges of process
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FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024
servers, travel expenses, copying costs, messenger services,
necessary secretarial overtime, transcripts and the customary fees of
stenographers referable to examinations before trial in the event
such examinations are utilized.
You will be billed periodically but in no event less frequently
than every sixty (60) days. Included in the bill will be a detailed
explanation of the services rendered, by whom rendered and the
disbursements incurred by our firm in connection with your matter.
Upon receipt of our bill, you are expected to review the bill
and promptly bring to our attention any objections you may have to
the bill. While we strive to keep perfectly accurate time records, we
recognize the possibility of human error, and shall discuss with you
any objections you raise to our bill. You will not be charged for the
time expended in discussing with us any aspect of the bill rendered
to you.
We shall keep you informed of the status of your case, and
agree to explain the laws pertinent to your situation, the available
course of action, and the attendant risks. We shall notify you
promptly of any developments in your case, including court
appearances and will be available for meetings and telephone
conversations with you at mutually convenient times.
We do insist that appointments be made for personal visits
to our offices. Copies of all papers will be supplied to you as they
are prepared (unless you request to the contrary) and you will be
billed a reasonable photocopy charge (at present twenty-five (25)
cents per page) for these materials which will be included in your
periodic billing.
While we expect to be paid the fees due us in timely fashion,
in situations where the client does not have funds readily available
to pay additional fees as they accrue, we may, as and
accommodation, agree to take a security interest in property in lieu
of immediate payment. A security interest may take the form of a
confession of judgment, promissory note, or mortgage upon
specified property. In which event, a lien will attach to your
-4-
FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024
property. In the case of your marital residence, we shall not foreclose
on a mortgage placed on your marital residence while you remain
the titleholder and the marital residence remains your primary
residence. You are advised that any such security interest can be
granted to us only with the permission of the justice assigned to your
case upon application on notice to the opposing party, and after an
application has been made for your spouse to pay the outstanding
fees.
In the event such application for payment of counsel fees by
your spouse and security interest for the fees due this firm is made
to the court the client agrees to cooperation in connection with such
application and to consent to the relief being requested from the
court. Failure on the part of the client to so cooperate and consent
shall be deemed a basis for withdrawal by this law firm from your
representation.
You are obliged to cooperate fully with all requests for
production of documents and information to assist this firm in
representing you in this case.
Your failure or refusal to fully and timely comply with all
reasonable requests for documents, information or authorizations
and/or your failure to comply fully and timely with orders of the
court issued in this case, shall likewise be deemed a basis for
withdrawal by this firm from your representation.
You are advised that if in the judgment of this firm we decide
that there has been an irretrievable breakdown in the attorney-client
relationship or a material breach of the terms of this retainer
agreement, we may decide to make an application to the court in
which your action is pending to be relieved as your attorney.
In such event, you will be provided with notice of the
application and an opportunity to be heard. Should any fees be due
and owing to this firm at the time of our discharge, we shall have
the right, in addition to any other remedy, to seek a charging lien,
i.e., a lien upon the property that is awarded to you as a result of
equitable distribution in the final order or judgment in your case. No
such lien may attach to maintenance or child support payments.
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FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024
In the event that any bill from the law firm remains unpaid
beyond the thirty (30) day period, the client agrees that the law firm
may withdraw its representation at the option of the firm. In the
event that an action is pending and absent your consent and
application must be made to the court for such withdrawal. Where
the fee is unpaid for the period set further above the client
acknowledges that in connection with any such withdrawal
application, that the account delinquency shall be good cause for
withdrawal.
Under prevailing law an application may be made to the
court in which your action is pending either prior to trial or at the
trial for your spouse to pay all or part of your legal expenses incurred
and/or to be incurred in this matter. There is no certainty that any
such recovery may actually occur as the application rests in the
discretion of the court. In the event such an award of fees is made
and collected the amount collected shall be credited to your bill. At
the end of your case (i.e, a final judgment or order in the matrimonial
action) any amount collected that exceeds your billing will be
refunded to you. Conversely, you shall remain liable for any balance
due to us after crediting any amount collected from your spouse.
You have been advised that in order for us to protect your
interests it may be necessary to retain outside experts such as
appraisers, actuaries and accountants. You will be responsible for
the costs incurred for any such service which in some cases may
have to be paid in advance depending upon the requirements of the
particular expert. No expert or appraiser shall be retained without
your prior approval.
If necessary and applicable, an application will be made to
the court to have your spouse pay all or part of the aforementioned
fees for experts.
The client acknowledges that he or she has read this
agreement in its entirety, has had full opportunity to consider its
terms and has had full and satisfactory explanation of same and fully
understands its terms and agrees to such terms.
The client fully understands and acknowledges that there are
no additional or different terms or agreements other than those
expressly set forth in this written agreement.
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FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024
The client acknowledges that he or she was provided with
and read the Statement of Client's Rights and Responsibilities, a
copy of which is attached to this Retainer Agreement.
We have informed you that pursuant to court rule, we are
required as your attorney to certify court papers submitted by you
which contain statements of fact, and specifically to certify that we
have no knowledge that the substance of the submission is false.
Accordingly, you agree to provide us with complete and accurate
information which forms the basis of court papers and to certify in
writing to us prior to the time the papers are actually submitted to
the court the accuracy of the court submissions which we prepare on
your behalf and which you shall review and sign.
It is specifically acknowledged by you that this firm has
made no representation to you express or implied concerning the
outcome of the litigation presently pending or hereafter to be
commenced between you and your spouse. You further
acknowledge that this firm has not guaranteed and cannot guarantee
the success of any action taken by the firm on your behalf during
such litigation with respect to any matter therein, including without
limitation issues of spousal and/or child support, custody and/or
visitation, exclusive occupancy of the marital residence, equitable
distribution of marital assets, the declaration of separate property,
counsel fees and/or a trial.
You are aware of the hazards of litigation and acknowledge
that we have made no guarantees in the disposition of any phase of
the matter for which you have retained this office. If this fee
arrangement meets with your approval, kindly sign your name
where indicated. You acknowledge that pursuant to court rule a copy
of this retainer letter is required to be filed with the court in which
your action is pending.
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FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024
Kindly indicate your understanding and acceptance of the
above by signing below where indicated. We look forward to being
of service to you in connection with this matter.
I HAVE READ AND UNDERSTAND THE ABOVE
RETAINER AGREEMENT, HAVE RECEIVED A COPY
ND ACCEPT ALL OF ITS TERMS:
MAURICE DA ALTE E. AN OCCI, ESQ.
DATED: May 22, 2019 DATED: May 22, 2019
-8-
FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024
STATEMENT
Preview
FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024 WATRER E. ANDEROGGI ATTORNEY AT LAW 32 COURT STREET, BROOKLYN, N.Y. I I201 (7 I8) 596-2 I50 9OO SOUTH AVENUE RE: DAYAN V. DAYAN ExEcuTivE suiTEs ano rt. STATEN iSLAND, N.Y. 1O314 °''' "**-ª*°° This agreement constitutes a binding legal contract and should be reviewed carefully. It is agreed and understood that you have retained this office for the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) for Contested Matrimonial proceedings. Receipt of the sum of ONE THOUSAND DOLLARS ($1,000.00) is acknowledged on May 22, 2019 in one (1) check. Payments will be made of $2,500.00 per month commencing June 22, 2019 and monthly thereafter until full payment of the retainer is made. Thereafter should the retainer amount be exhausted, client will pay all balances within thirty (30) days of billing. It is further understood and agreed that this office bills at the hourly rate of FIVE HUNDRED DOLLARS ($500.00) which will be deducted from the retainer as the work progresses. Travel time is billed at the rate of $100.00 per hour. Further billing if necessary, will be forwarded as legal services continue on your behalf. All unused portions of your retainer payment will be returned. With respect to the matter which is specified above, this retainer agreement and any sums paid this firm pursuant hereto, do not cover any services relative to any appeal or any other services which might be required following the entry of a final judgment or order, including but not limited to such matters as enforcement or modification. Our representation shall terminate with the entry of a final judgment or order in your matter, unless extended by mutual agreement between us in writing. The client authorizes the Law Firm to take any steps which, in the sole discretion of the firm, are deemed necessary or appropriate to protect the client's interest in the matter. -1- FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024 This retainer payment does not necessarily represent the amount of the overall fee which you may incur by virtue of our services. The total legal fee will be based upon our regular schedule of established hourly time charges, along with any disbursements (such as court costs, messenger services, transcripts of proceedings, long distance telephone calls, telefaxes, process service fees, mileage, deposition and court transcripts, and excess postage) which are incurred in your behalf. The hourly rates apply to all time expended relative to your matter including but not limited to, office meetings and conferences, telephone calls and conferences made or held on your behalf or related to your matter along with any and all preparation, review and revision of correspondence, pleadings, motions, disclosure demands and responses, affidavits and affirmations, or any other documents, memoranda, or papers relative to your matter and legal research, court appearances, conferences, file review, preparation time, travel time, (ONE HUNDRED DOLLARS [$100.00] per hour) and other time expended on behalf of or in connection with your matter. Notwithstanding the above, if the attorney-client relationship is terminated without your matter having been concluded, e.g., if you and your spouse were to reconcile and the action was discontinued, or if you were to discharge the undersigned as your attorney, or if the undersigned were to withdraw its representation, a fair and reasonable fee would be determined in accordance with legally accepted standards. Presently, the legally recognized elements of a reasonable fee, as set forth in the Code of Professional Responsibility, are as follows: " The time and labor required, the and of the novelty difficulty questions involved and skill requisite to perform the legal services properly. " The likelihood, if apparent or made known to the client, that the acceptance of the particular employment will preclude other employment by the lawyer. (You should know that the law firm, by accepting retention as your attorney, is clearly precluded from representing the opposing party against you). -2- FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024 " The fee charged in the for similar legal customarily locality services. " The amount involved and the results obtained. " The time limitations imposed the client or by by circumstances. " The nature and length of the professional with relationship the client. " The experience, reputation and of the lawyers ability performing the services. " Whether the fee is fixed or contingent. (You should know that the Code of Professional Responsibility provides: "A lawyer shall not enter into an arrangement for charge or collect...[any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of maintenance, support, equitable distribution or property settlement...") You have the absolute right to cancel this retainer agreement at any time. Should you exercise this right, you will be charged only the fee expenses (time charges and disbursements) incurred within that period, based upon the hourly rates set forth in this agreement, and the balance of the retainer fee, if any, will be promptly refunded to you. You agree to pay us such additional fees and to reimburse us for our advances on your behalf that may be due from time to time not later than thirty (30) days from the date that we shall submit a bill to you for same. If an amount due to us is not paid within thirty (30) days after our statement to you of the amount due, interest at the rate of six percent (6%) per annum [or interest at the prevailing statutory rate as set forth in the Civil Practice Law and Rules] shall be added to the balance due to us. In addition to the forgoing, your responsibility will include direct payment or reimbursement of this firm for disbursements advanced on your behalf, the same to include, but not necessarily be limited to, court filing fees, recording fees, charges of process -3- FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024 servers, travel expenses, copying costs, messenger services, necessary secretarial overtime, transcripts and the customary fees of stenographers referable to examinations before trial in the event such examinations are utilized. You will be billed periodically but in no event less frequently than every sixty (60) days. Included in the bill will be a detailed explanation of the services rendered, by whom rendered and the disbursements incurred by our firm in connection with your matter. Upon receipt of our bill, you are expected to review the bill and promptly bring to our attention any objections you may have to the bill. While we strive to keep perfectly accurate time records, we recognize the possibility of human error, and shall discuss with you any objections you raise to our bill. You will not be charged for the time expended in discussing with us any aspect of the bill rendered to you. We shall keep you informed of the status of your case, and agree to explain the laws pertinent to your situation, the available course of action, and the attendant risks. We shall notify you promptly of any developments in your case, including court appearances and will be available for meetings and telephone conversations with you at mutually convenient times. We do insist that appointments be made for personal visits to our offices. Copies of all papers will be supplied to you as they are prepared (unless you request to the contrary) and you will be billed a reasonable photocopy charge (at present twenty-five (25) cents per page) for these materials which will be included in your periodic billing. While we expect to be paid the fees due us in timely fashion, in situations where the client does not have funds readily available to pay additional fees as they accrue, we may, as and accommodation, agree to take a security interest in property in lieu of immediate payment. A security interest may take the form of a confession of judgment, promissory note, or mortgage upon specified property. In which event, a lien will attach to your -4- FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024 property. In the case of your marital residence, we shall not foreclose on a mortgage placed on your marital residence while you remain the titleholder and the marital residence remains your primary residence. You are advised that any such security interest can be granted to us only with the permission of the justice assigned to your case upon application on notice to the opposing party, and after an application has been made for your spouse to pay the outstanding fees. In the event such application for payment of counsel fees by your spouse and security interest for the fees due this firm is made to the court the client agrees to cooperation in connection with such application and to consent to the relief being requested from the court. Failure on the part of the client to so cooperate and consent shall be deemed a basis for withdrawal by this law firm from your representation. You are obliged to cooperate fully with all requests for production of documents and information to assist this firm in representing you in this case. Your failure or refusal to fully and timely comply with all reasonable requests for documents, information or authorizations and/or your failure to comply fully and timely with orders of the court issued in this case, shall likewise be deemed a basis for withdrawal by this firm from your representation. You are advised that if in the judgment of this firm we decide that there has been an irretrievable breakdown in the attorney-client relationship or a material breach of the terms of this retainer agreement, we may decide to make an application to the court in which your action is pending to be relieved as your attorney. In such event, you will be provided with notice of the application and an opportunity to be heard. Should any fees be due and owing to this firm at the time of our discharge, we shall have the right, in addition to any other remedy, to seek a charging lien, i.e., a lien upon the property that is awarded to you as a result of equitable distribution in the final order or judgment in your case. No such lien may attach to maintenance or child support payments. -5- FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024 In the event that any bill from the law firm remains unpaid beyond the thirty (30) day period, the client agrees that the law firm may withdraw its representation at the option of the firm. In the event that an action is pending and absent your consent and application must be made to the court for such withdrawal. Where the fee is unpaid for the period set further above the client acknowledges that in connection with any such withdrawal application, that the account delinquency shall be good cause for withdrawal. Under prevailing law an application may be made to the court in which your action is pending either prior to trial or at the trial for your spouse to pay all or part of your legal expenses incurred and/or to be incurred in this matter. There is no certainty that any such recovery may actually occur as the application rests in the discretion of the court. In the event such an award of fees is made and collected the amount collected shall be credited to your bill. At the end of your case (i.e, a final judgment or order in the matrimonial action) any amount collected that exceeds your billing will be refunded to you. Conversely, you shall remain liable for any balance due to us after crediting any amount collected from your spouse. You have been advised that in order for us to protect your interests it may be necessary to retain outside experts such as appraisers, actuaries and accountants. You will be responsible for the costs incurred for any such service which in some cases may have to be paid in advance depending upon the requirements of the particular expert. No expert or appraiser shall be retained without your prior approval. If necessary and applicable, an application will be made to the court to have your spouse pay all or part of the aforementioned fees for experts. The client acknowledges that he or she has read this agreement in its entirety, has had full opportunity to consider its terms and has had full and satisfactory explanation of same and fully understands its terms and agrees to such terms. The client fully understands and acknowledges that there are no additional or different terms or agreements other than those expressly set forth in this written agreement. -6- FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024 The client acknowledges that he or she was provided with and read the Statement of Client's Rights and Responsibilities, a copy of which is attached to this Retainer Agreement. We have informed you that pursuant to court rule, we are required as your attorney to certify court papers submitted by you which contain statements of fact, and specifically to certify that we have no knowledge that the substance of the submission is false. Accordingly, you agree to provide us with complete and accurate information which forms the basis of court papers and to certify in writing to us prior to the time the papers are actually submitted to the court the accuracy of the court submissions which we prepare on your behalf and which you shall review and sign. It is specifically acknowledged by you that this firm has made no representation to you express or implied concerning the outcome of the litigation presently pending or hereafter to be commenced between you and your spouse. You further acknowledge that this firm has not guaranteed and cannot guarantee the success of any action taken by the firm on your behalf during such litigation with respect to any matter therein, including without limitation issues of spousal and/or child support, custody and/or visitation, exclusive occupancy of the marital residence, equitable distribution of marital assets, the declaration of separate property, counsel fees and/or a trial. You are aware of the hazards of litigation and acknowledge that we have made no guarantees in the disposition of any phase of the matter for which you have retained this office. If this fee arrangement meets with your approval, kindly sign your name where indicated. You acknowledge that pursuant to court rule a copy of this retainer letter is required to be filed with the court in which your action is pending. -7- FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024 Kindly indicate your understanding and acceptance of the above by signing below where indicated. We look forward to being of service to you in connection with this matter. I HAVE READ AND UNDERSTAND THE ABOVE RETAINER AGREEMENT, HAVE RECEIVED A COPY ND ACCEPT ALL OF ITS TERMS: MAURICE DA ALTE E. AN OCCI, ESQ. DATED: May 22, 2019 DATED: May 22, 2019 -8- FILED: KINGS COUNTY CLERK 01/17/2024 04:01 PM INDEX NO. 501723/2024 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/17/2024 STATEMENT