Cohen v. Grainger, Tesoriero & Bell Esqs.

• Decision Date: 27 January 1992
• Citation: 179 A.D.2d 808,578 N.Y.S.2d 665
• Parties: In the Matter of Max COHEN, Appellant, v. GRAINGER, TESORIERO & BELL, ESQS., et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 665

578 N.Y.S.2d 665

179 A.D.2d 808

In the Matter of Max COHEN, Appellant, v. GRAINGER, TESORIERO & BELL, ESQS., et al., Respondents.

Supreme Court, Appellate Division, Second Department.

Jan. 27, 1992.

Irving W. Fein, New York City, for appellant.

Harvey J. Kaufman, New York City, for respondents.

Before THOMPSON, J.P., and SULLIVAN, HARWOOD and O'BRIEN, JJ.

MEMORANDUM BY THE COURT.

In a proceeding to enforce an alleged attorney's lien under Judiciary Law § 475, the petitioner appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Richmond County (Leone, J.), dated April 10, 1990, which awarded him only the principal amount of $2,500 for legal services rendered.

ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by deleting the provision thereof awarding the petitioner the principal amount of $2,500 and substituting therefor a provision awarding the petitioner the principal amount of $7,500; as so modified, the judgment is affirmed, with costs payable to the petitioner.

The petitioner, an attorney discharged by his client prior to the termination of a lawsuit, failed to establish his entitlement to compensation on a contingent fee basis (cf., Lai Ling Cheng v. Modansky Leasing Co., 73 N.Y.2d 454, 541 N.Y.S.2d 742, 539 N.E.2d 570). However, based on our independent review of the record, we conclude that the amount of counsel fees awarded to the petitioner on a quantum meruit basis of actual work performed was inadequate. We have therefore modified the award to the extent indicated (see, Jordan v. Freeman, 40 A.D.2d 656, 336 N.Y.S.2d 671).