Sugarman v. New York Airways

• Decision Date: 30 November 1970
• Citation: 35 A.D.2d 846,317 N.Y.S.2d 621
• Court: New York Supreme Court — Appellate Division
• Parties: In the Matter of Martin SUGARMAN v. NEW YORK AIRWAYS, INC. WERNER & MANDELL, Appellants, v. SARISOHN, THIERMAN & SARISOHN, Respondents.

Page 621

317 N.Y.S.2d 621

35 A.D.2d 846

In the Matter of Martin SUGARMAN v. NEW YORK AIRWAYS, INC.

WERNER & MANDELL, Appellants, v. SARISOHN, THIERMAN & SARISOHN, Respondents.

Supreme Court of New York, Appellate Division,

Second Department.

Nov. 30, 1970.

Werner & Mandell, New York City, for appellants; W. Harvey Mayer, New York City, of counsel.

Sarisohn, Thierman & Sarisohn, Commack, for respondents.

Cooper, Abrams & Herman, by Hyman Herman, Deer Park.

In a proceeding to compel the former attorneys for a claimant (for damages for personal injuries) to turn over the claimant's file to the claimant's present attorneys, the appeal is from so much of an order of the Supreme Court, Queens County, dated March 31, 1970, as, in granting the application, imposed a lien in favor of the former attorneys upon any recovery by the claimant, to the extent of $1,550 for their fee (computed by applying the sliding scale in their retainer agreement to the settlement offer which the former attorneys had obtained). Order reversed insofar as appealed from, on the law, without costs, and matter remitted to the Special Term for a hearing on the question of the reasonable value of the services performed and results achieved by respondents. In our opinion, issues of fact are presented respecting the reasonable value of the services performed and results achieved by respondents which cannot be properly resolved on the affidavits in the record (see Shelbourne Garage v. Licht, 34 A.D.2d 563, 309 N.Y.S.2d 850;Roskind v. Brown, 29 A.D.2d 549, 285 N.Y.S.2d 410; Kern v. Karnbach, 27 A.D.2d 954, 279 N.Y.S.2d 252).

CHRIST, P.J., and LATHAM, KLEINFELD, BRENNAN and BENJAMIN, JJ., concur.