In a published decision, the Appellate Division held that a trial court properly granted summary judgment in favor of a law firm and that a retainer agreement, which did not disclose the unit of incremental billing, was lawful and ethical and sufficiently apprised the clients of the express terms of the agreement as required by Rules of Professional Conduct 1.5(b).

Daniel Cohen and his company, Cohen Capital, retained the law firm Arbus, Maybruch & Goode for representation in a negligent construction lawsuit, Sollecito Custom Homes v. Cohen. Arbus Maybruch began its representation of Cohen after discovery had commenced, and became the seventh law firm to represent the defendants in the matter, according to the opinion.