On February 15, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Couch White, Llp,
and
Janine C Wright,
Mary Lou Ross, As Administrator Of The Estate Of Rodney J. Babbitt,
Michael J Wright,
for Commercial - Contract
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2024
FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2024
COUCH WHITE °°"**"S"2
540 Broadway
'"* "°""'d
Panner
COUNSELORE AND AttoRNt S At LAW 22
Ibany, New tork 12201-2222 Direct Dial: (518)320 3402
018)426-4600 Telecopter: (51#)320-3496
Email: jhoward@cotlchwhite.com
May 10, 2018
Mr. It Joseph Babbitt
PA Box 722
Waddington, NY 13694
RM Sale of Business/Real Estate
ear Joe:
We nppreciste your retsining our finn to represent you in connection with the sale of your
business and real estate, This letter will confirra the terms under which this firm will represent
you.
It is our standard policy to set forth in writing the scope and terms of our engagement.
Please review this letter carefully and call me if you have any questions. Our representation of
you will not formally commence until after this retainer agreement is fully executed. However,
you and we acknowledge that, with your consent, and because of imminent deadlines for
responding to certain matters, we have already engaged in certain activities on your behalf.
The scope of our services willinclude representing you in the sale of your business and
real estate and such other inatters that you and we agree upon.
Dy signing below, you agrec to pay our fees and actual cut of-pocket disbursements as and
when billed. We will bul yon for this representation periodically, most likely on a monthly basis.
Our fees will be based upon the standard hourly rates for the particular attorneys and paralegal
assistants working on this matter, as such rates may be adjusted from time to time. Current, hourly
rates for atton1eys whomay work on this matter range from $195 to $465 per hour. My rate is
currently billed at $440per hour. I will be assisted by Anthony Luisi whose houdy rate is $300
per hour. Paralegal rates currently are $150 per hour. Out-of-pocket disbursements include such
items as duplicating costs, court costs, anessenger service, transcripts of proceedings, legal
contputer time charges, out-of-town travel charges, long distance telephone ca11s, secretadal
overtime and excess postage. Unless an invoice is disputed within 30 days aAer it is sent to you,
it is agreed that the amount set forthitthednv6ice is ducand owing and that you have no objection
thereto
0 wk Akany, N#w ¼rk City and Swamga Spriogo N w York and Martford, Connectic)
FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2024
May 10, 2013
Page 2
It is not possible to determine at this time what our total fees will be in this matter. Time
spent on the rnatter depends to a good extent upon factors beyond our control, 11owever, we will
endeavor to use attomeys at appropriate levels 67 billing rates in connection with the paticular
work to be performed. We win keep you informed of developments in this matter and encourage
you to contact us with questions about the substance of the representation or any billing matters,
In the event a#1spute arises between us telating toqur fees, you may have the rightto arbinadon
of the dispute pursuant to Part 137 of the Rules of the Chief Administrator of the courtsy a copy #f
which will be provided to you upøn request.
As we are sure you realize, we have ongoing, expenses in the operation of our $rms As A
result weanticipate that payments will be made on a current basis. For invoices that remain unpaid
for more than 60 daysethere will he 4 finance charge of LOYe per month, which will be sided 10
the outstanding balance and be renected on future statements.
Based as our review ef the documents provided, and initial discussions with you, it dogs
not appear that the issues on which we will represent you involve a conflict ofinterest with other
clienti of the Rem. Hewever, due to the diverse and cømplex nature ef ettr firm a practice
unforeseen may arise.
conflIcts In such event, we will notify you of the conflict and our
representation may thereà fter be ternsnated by you Or the finñ unless you and the ëther source 6f
the conflict agree to provide appropriate waivers. We and you also generally reserve the r ht to
terminate this relationship upon the provision of reasonable notice to the other.
It is our firm's policy to retain client files for seven (7) years following the completion of
our work on each particular file or matter, after that documents and files are destroyed, If at the
conclusion of this matter youwould like the files pertaining to this matter returned to you, we will
accommodate your request upon written direction.
If you find theforeguingtermato be seceptable, please sign a copy of this letter and return
it to us via Musil or mail. We sincerely appreciate the opportunity to represent you, god took
forward to a positive and successful relationship.
FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2024
May 10, 20t8
Page 3
It will be most helpful if you can outline for us what
is being sold in terms of business
assets and real estate and what business assets and other
that you are retaining
property ownership
over and/or right to use. Things to be resolved are the St. Lawrence Experience your right
website,
to use Cabin No. 1 and other items that are not to go with the sale of the real estate.
Very truly yours,
COUC WHITE, LLP
Joel M. Howard, m
AfH/ces
CONFIRMED AND AOREED:
Rs Jo eph Balibitt
Document Filed Date
February 15, 2024
Case Filing Date
February 15, 2024
Category
Commercial - Contract
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Preview
FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2024 FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2024 COUCH WHITE °°"**"S"2 540 Broadway '"* "°""'d Panner COUNSELORE AND AttoRNt S At LAW 22 Ibany, New tork 12201-2222 Direct Dial: (518)320 3402 018)426-4600 Telecopter: (51#)320-3496 Email: jhoward@cotlchwhite.com May 10, 2018 Mr. It Joseph Babbitt PA Box 722 Waddington, NY 13694 RM Sale of Business/Real Estate ear Joe: We nppreciste your retsining our finn to represent you in connection with the sale of your business and real estate, This letter will confirra the terms under which this firm will represent you. It is our standard policy to set forth in writing the scope and terms of our engagement. Please review this letter carefully and call me if you have any questions. Our representation of you will not formally commence until after this retainer agreement is fully executed. However, you and we acknowledge that, with your consent, and because of imminent deadlines for responding to certain matters, we have already engaged in certain activities on your behalf. The scope of our services willinclude representing you in the sale of your business and real estate and such other inatters that you and we agree upon. Dy signing below, you agrec to pay our fees and actual cut of-pocket disbursements as and when billed. We will bul yon for this representation periodically, most likely on a monthly basis. Our fees will be based upon the standard hourly rates for the particular attorneys and paralegal assistants working on this matter, as such rates may be adjusted from time to time. Current, hourly rates for atton1eys whomay work on this matter range from $195 to $465 per hour. My rate is currently billed at $440per hour. I will be assisted by Anthony Luisi whose houdy rate is $300 per hour. Paralegal rates currently are $150 per hour. Out-of-pocket disbursements include such items as duplicating costs, court costs, anessenger service, transcripts of proceedings, legal contputer time charges, out-of-town travel charges, long distance telephone ca11s, secretadal overtime and excess postage. Unless an invoice is disputed within 30 days aAer it is sent to you, it is agreed that the amount set forthitthednv6ice is ducand owing and that you have no objection thereto 0 wk Akany, N#w ¼rk City and Swamga Spriogo N w York and Martford, Connectic) FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2024 May 10, 2013 Page 2 It is not possible to determine at this time what our total fees will be in this matter. Time spent on the rnatter depends to a good extent upon factors beyond our control, 11owever, we will endeavor to use attomeys at appropriate levels 67 billing rates in connection with the paticular work to be performed. We win keep you informed of developments in this matter and encourage you to contact us with questions about the substance of the representation or any billing matters, In the event a#1spute arises between us telating toqur fees, you may have the rightto arbinadon of the dispute pursuant to Part 137 of the Rules of the Chief Administrator of the courtsy a copy #f which will be provided to you upøn request. As we are sure you realize, we have ongoing, expenses in the operation of our $rms As A result weanticipate that payments will be made on a current basis. For invoices that remain unpaid for more than 60 daysethere will he 4 finance charge of LOYe per month, which will be sided 10 the outstanding balance and be renected on future statements. Based as our review ef the documents provided, and initial discussions with you, it dogs not appear that the issues on which we will represent you involve a conflict ofinterest with other clienti of the Rem. Hewever, due to the diverse and cømplex nature ef ettr firm a practice unforeseen may arise. conflIcts In such event, we will notify you of the conflict and our representation may thereà fter be ternsnated by you Or the finñ unless you and the ëther source 6f the conflict agree to provide appropriate waivers. We and you also generally reserve the r ht to terminate this relationship upon the provision of reasonable notice to the other. It is our firm's policy to retain client files for seven (7) years following the completion of our work on each particular file or matter, after that documents and files are destroyed, If at the conclusion of this matter youwould like the files pertaining to this matter returned to you, we will accommodate your request upon written direction. If you find theforeguingtermato be seceptable, please sign a copy of this letter and return it to us via Musil or mail. We sincerely appreciate the opportunity to represent you, god took forward to a positive and successful relationship. FILED: ALBANY COUNTY CLERK 02/15/2024 11:53 AM INDEX NO. 901669-24 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/15/2024 May 10, 20t8 Page 3 It will be most helpful if you can outline for us what is being sold in terms of business assets and real estate and what business assets and other that you are retaining property ownership over and/or right to use. Things to be resolved are the St. Lawrence Experience your right website, to use Cabin No. 1 and other items that are not to go with the sale of the real estate. Very truly yours, COUC WHITE, LLP Joel M. Howard, m AfH/ces CONFIRMED AND AOREED: Rs Jo eph Balibitt