Lebovic v. P. Ballantine & Sons, Inc.
| Decision Date | 07 November 1960 |
| Citation | 12 A.D.2d 494,206 N.Y.S.2d 858 |
| Parties | Edith LEBOVIC and Harry Lebovic, Respondents, v. P. BALLANTINE & SONS, INC., and Philip J. Hardee, Defendants; David Levine, Plaintiffs' former attorney, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Prince & Loeb, New York City, for appellant.
Sidney J. Loeb, New York City, of counsel.
Stanley D. Applebaum, Brooklyn, for respondent; Bernard Meyerson, Brooklyn, of counsel.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, the plaintiffs' former attorney, David Levine, appeals from so much of an order of the Supreme Court, Kings County, dated June 13, 1960, as: (1) in its second decretal paragraph directs him, upon the payment to him of the sum of $90.70 for his expenses and disbursements, to turn over to the plaintiffs' substituted attorney, Stanley D. Applebaum, all papers, medical reports, witnesses' statements and photographs in his (Levine's) possession; and (2) in its third decretal paragraph directs that in the event of a recovery in the action, said former attorney (Levine) be paid the additional sum of $350 'when said recovery is received by the plaintiffs and their attorney.'
Order modified by striking out the said two ordering paragraphs and by substituting therefor one paragraph fixing, on a quantum meruit basis, at $350 the value of the services rendered by attorney Levine to the plaintiffs; and another paragraph directing that, upon payment to attorney Levine of the sum of $350 for the services rendered by him to the plaintiffs and of the sum of $90.70 for his expenses and disbursements on their behalf, he shall surrender to them or to their present attorney Applebaum, all the medical reports, witnesses' statements, photographs and other papers relating to their (plaintiffs') cause of action in his (Levine's) possession or control.
As so modified, order insofar as appealed from affirmed, without costs. Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein.
Attorney Levine was duly retained by plaintiffs to institute this action. Thereafter and before any action was commenced, plaintiffs became dissatisfied with his services and superseded him with their present attorney, who thereupon instituted the action. Plaintiffs then petitioned the court for an order directing attorney Levine to turn over to their present attorney...
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Cheng v. Modansky Leasing Co., Inc.
...compensated only on a flat quantum meruit basis ( Turner v. Steve Brody, Inc., 24 A.D.2d 904, 264 N.Y.S.2d 867; Lebovic v. Ballantine & Sons, 12 A.D.2d 494, 206 N.Y.S.2d 858). Even where considerable preliminary work has been performed by a discharged attorney prior to commencement of the l......
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Lai Ling Cheng v. Modansky Leasing Co., Inc.
...possession which secured his right under New York law to the reasonable value of the services he performed (see, Lebovic v. Ballantine & Sons, 12 A.D.2d 494, 206 N.Y.S.2d 858). That lien depended upon his continued possession of the file. Immediately upon his discharge, he was entitled to b......
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Mongitore v. Murphy
...that he has been guilty of unprofessional conduct (Taraborelli v. Vinciguerra, 25 A.D.2d 544, 267 N.Y.S.2d 556; Lebovic v. Ballantine & Sons, 12 A.D.2d 494, 206 N.Y.S.2d 858). While Special Term was correct in directing the turnover, since appellant has commenced an action in Supreme Court,......
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...retainer to the effective date of the discharge (Taraborrelli v. Vinciguerra, 25 A.D.2d 544, 267 N.Y.S.2d 556; Lebovic v. P. Ballantine & Sons, 12 A.D.2d 494, 206 N.Y.S.2d 858; Matter of Lerner v. Siegel, 22 A.D.2d 816, 254 N.Y.S.2d 802; Turner v. Steve Brody, Inc., 24 A.D.2d 904, 264 N.Y.S......