HAVEN SAVINGS BANK V. KATHLEEN M. ZANOLINI, ET AL.
NEW YORK COMMUNITY BANK V. DONIE RAY ANDERSON
A-3962-08T1/A-4069-08T1
09-07-10 (consolidated)
Attorney-in-fact Global Discoveries, Ltd., appealed a final
order awarding it fees less than the thirty-five percent fees
specified in contingent-fee agreements with defendants Kathleen
M. Zanolini and Donie Ray Anderson in connection with Global's
efforts to recover excess funds from Sheriff's sales of the
defendants' properties. Because such agreements are governed by
section 106 of the New Jersey Uniform Unclaimed Property Act,
N.J.S.A. 46:30B-1 to -109, we applied N.J.S.A. 46:30B-106 to the
contingent fee agreements. We determined that such agreements
are specifically authorized by that section, which allows
thirty-five percent contingent fees where the agreement is
executed before property has been deemed abandoned and turned
over by the holder to the State Treasurer. We affirmed the
portion of the order respecting fees due from Zanolini's
unclaimed property, because the agreement did not state the
amount of the net recovery to Zanolini as N.J.S.A. 46:30B-106
requires. However, we reversed the order respecting Anderson
because the contingent fee agreement conformed entirely with
N.J.S.A. 46:30B-106 and we remanded the matter to the General
Equity judge for entry of a judgment in favor of Global pursuant
to its contingent fee agreement providing a thirty-five percent
contingent fee.
