Appellate Division of the Supreme Court of New York, 1992

Cohen v. Grainger

Cohen v. Grainger
Appellate Division of the Supreme Court of New York · Decided January 27, 1992
179 A.D.2d 808; 578 N.Y.S.2d 665; 1992 N.Y. App. Div. LEXIS 836
Cohen v. Grainger

Opinion of the Court

*809The petitioner, an attorney discharged by his client prior to the termination of a lawsuit, failed to establish his entitlement to compensation on a contingent fee basis (cf., Lai Ling Cheng v Modansky Leasing Co., 73 NY2d 454). However, based on our independent review of the record, we conclude that the amount of counsel fees awarded to the petitioner on a quantum meruit basis of actual work performed was inadequate. We have therefore modified the award to the extent indicated (see, Jordan v Freeman, 40 AD2d 656). Thompson, J. P., Sullivan, Harwood and O’Brien, JJ., concur.

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