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Chernofsky DeNoyelles v. Waldman

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1995
212 A.D.2d 566 (N.Y. App. Div. 1995)

Opinion

February 14, 1995

Appeal from the Supreme Court, Queens County (Turret, J.H.O.).


Ordered that the judgment is affirmed, without costs or disbursements.

We agree with the Supreme Court's finding that there was no signed retainer agreement between the plaintiff law firm and the defendant. Accordingly, the amount of legal fees owed to the plaintiff upon its discharge by the defendant was properly determined on a quantum meruit basis (see, Jacobson v. Sassower, 66 N.Y.2d 991).

The determination of whether legal fees are reasonable under the circumstances is a matter within the sound discretion of the trial court (see, Matter of Freeman, 34 N.Y.2d 1, 9-10). After a hearing, the Supreme Court determined that an award of $20,000 was reasonable based, inter alia, on the plaintiff's expertise, the amount of the distributive award in the underlying matrimonial action, and the customary fee charged by other attorneys for similar services (see, Matter of Freeman, supra). We find no basis in the record to disturb the court's determination.

We have examined the parties' remaining contentions and find them to be without merit. Bracken, J.P., Rosenblatt, O'Brien and Altman, JJ., concur.


Summaries of

Chernofsky DeNoyelles v. Waldman

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1995
212 A.D.2d 566 (N.Y. App. Div. 1995)
Case details for

Chernofsky DeNoyelles v. Waldman

Case Details

Full title:CHERNOFSKY DeNOYELLES, Respondent-Appellant, v. IRENE WALDMAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 14, 1995

Citations

212 A.D.2d 566 (N.Y. App. Div. 1995)
622 N.Y.S.2d 560

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