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Fischbarg v. Doucet

Appellate Division of the Supreme Court of New York, First Department
Jun 30, 2009
63 A.D.3d 628 (N.Y. App. Div. 2009)

Opinion

No. 942.

June 30, 2009.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered July 16, 2008, which, to the extent appealed from as limited by the brief, denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Samuel E. Kramer, New York, for appellants.

Before: Gonzalez, P.J., Friedman, Moskowitz, Renwick and Freedman, JJ.


Plaintiff's failure to provide defendants with a writing identifying the method by which the contingency fee was to be determined and how expenses were to be paid, in violation of former Code of Professional Responsibility DR 2-106 (d) ( 22 NYCRR 1200.11 [d]) (now Rules of Professional Conduct rule 1.5 [c] [ 22 NYCRR 1200.5 (c)]), does not preclude his recovery for services rendered on a quantum meruit basis ( see Matter of Santemma v Chasco Co., 242 AD2d 273). Issues of fact as to plaintiffs right to recovery are raised by the parties' dispute over whether his resignation was justified and whether there existed cause for defendants to discharge him ( see Klein v Eubank, 87 NY2d 459, 464; Shalom Toy v Each Every One of Members of N.Y. Prop. Ins. Underwriting Assn., 239 AD2d 196, 198).

We have considered defendants' remaining arguments and find them unavailing.

[ See 2008 NY Slip Op 31979(U).]


Summaries of

Fischbarg v. Doucet

Appellate Division of the Supreme Court of New York, First Department
Jun 30, 2009
63 A.D.3d 628 (N.Y. App. Div. 2009)
Case details for

Fischbarg v. Doucet

Case Details

Full title:GABRIEL FISCHBARG, Respondent, v. SUZANNE DOUCET et al., Appellants

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

Date published: Jun 30, 2009

Citations

63 A.D.3d 628 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 5381
883 N.Y.S.2d 25

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