Ehrlich v. Rebco Ins. Exchange Ltd.
| Decision Date | 09 November 1993 |
| Citation | 604 N.Y.S.2d 729,198 A.D.2d 58 |
| Parties | Morris EHRLICH, Plaintiff-Respondent, v. REBCO INSURANCE EXCHANGE LTD., et al., Defendants-Appellants. |
| Court | New York Supreme Court — Appellate Division |
Order, Supreme Court, New York County (Stuart Cohen, J.), entered about July 21, 1992, which, inter alia, denied defendants clients' motion for partial summary judgment dismissing so much of plaintiff attorney's complaint as seeks liquidated damages for breach of contract, unanimously affirmed, with costs.
Issues of fact exist whether the contract in issue was a "general retainer" and whether plaintiff changed his position as a result of entering into it. Resolution of either issue in plaintiff's favor would exempt him from the general rule limiting attorneys to recovery in quantum meruit, allowing enforcement of the contract, including its liquidated damages clause (Greenberg v. Remick & Co., 230 N.Y. 70, 129 N.E. 211).
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...retainer agreements differently from special retainer agreements in contract actions. Cf. Ehrlich v. Rebco Ins. Exchange Ltd., 198 A.D.2d 58, 58, 604 N.Y.S.2d 729, 729 (App.Div. 1st Dep't 1993) (holding that issues of fact remained as to whether there was a "general retainer" which would ex......
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