From Casetext: Smarter Legal Research

Greenberg v. Walsh

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 2001
279 A.D.2d 338 (N.Y. App. Div. 2001)

Opinion

January 16, 2001.

Order, Supreme Court, New York County (Beverly Cohen, J.), entered June 15, 1999, which granted defendant-respondent's motion to vacate the default judgment entered against him upon his failure to appear at a compliance conference, upon condition that he pay plaintiff $300, unanimously affirmed, without costs.


Plaintiff seeks to recover a legal fee against defendant-respondent, a pro se litigant, owed as a result of plaintiff's representation of the codefendant in other litigation between the two defendants. Plaintiff alleges that defendants collusively settled the other litigation in order to deprive him of his fee. This claim is at odds with the principle that a client may discharge an attorney at any time with or without cause ( see, Matter of Cohen v. Grainger, 81 N.Y.2d 655, 658), and is unsupported by any evidence that respondent threatened the codefendant or used other unlawful means to induce her termination of plaintiff's retainer ( compare, Lurie v. New Amsterdam Cas. Co., 270 N.Y. 379). Indeed, all that appears is that defendants are husband and wife who have reconciled. Considering all the circumstances including the absence of prejudice ( see, Loomis v. Civetta Corinno Constr. Corp., 54 N.Y.2d 18, 23-24), and the strong policy preference for resolving cases on the merits, vacatur of the default was a proper exercise of discretion.


Summaries of

Greenberg v. Walsh

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 2001
279 A.D.2d 338 (N.Y. App. Div. 2001)
Case details for

Greenberg v. Walsh

Case Details

Full title:LEON GREENBERG, Appellant, v. DENNIS WALSH, Respondent, et al., Defendant

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

Date published: Jan 16, 2001

Citations

279 A.D.2d 338 (N.Y. App. Div. 2001)
718 N.Y.S.2d 847

Citing Cases

Matter of Papadopoulos v. Goldstein

by discharging the attorney" (Campagnola v. Mulholland Minion Roe, 76 N.Y.2d 38, 43; see, Solomon v. Bartley,…