Appellate Division of the Supreme Court of New York, 1985

Reisman v. Theodore

Appellate Division of the Supreme Court of New York · Decided May 13, 1985

111 A.D.2d 227; 489 N.Y.S.2d 263; 1985 N.Y. App. Div. LEXIS 51364

Cases that cite this one

1 later published case cites this decision.

Greene v. Schmukler (In re De Berry) (United States Bankruptcy Court, E.D. New York 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action to recover attorney’s fees allegedly owed, plaintiff appeals from an order of the Supreme Court, Nassau County (Becker, J.), dated January 10, 1984, which denied his motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

Order affirmed, with costs.

Parties to an action have the absolute right to settle, in good faith, before or after judgment and, if the settlement is reached after judgment, an attorney’s contingent fee is then based on the proceeds of the settlement (see, Matter of Levy, 249 NY 168). There is no evidence of bad faith on defendant’s part. Since the record reveals that plaintiff has already received adequate compensation for the services rendered, the complaint was properly dismissed. O’Connor, J. P., Weinstein, Brown and Kunzeman, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.