Greenfield v. Tallering
Opinion of the Court
—In an action to determine and fix a charging lien pursuant to Judiciary Law
Ordered that the judgment is reversed, on the law, without costs or disbursements, the orders dated April 16, 1991, and August 25, 1992, are vacated, the appellant’s motion for discovery is granted to the extent that the plaintiff shall provide the appellant with discovery and inspection of all time sheets and disbursement records related to its representation of the appellant, and the matter is remitted to the Supreme Court, Nassau County, for a determination of the fair and reasonable value of the petitioner’s services under a quantum meruit theory, which shall be conducted with all deliberate speed; and it is further,
Ordered that the discovery and inspection of the time sheets and disbursement records shall take place at a time and place to be specified in a notice of not less than 10 days to be given to the plaintiff by the appellant, or at such other time and place as the parties may agree; and it is further,
Ordered that the discovery and inspection shall take place no later than 45 days after the date of this decision and order; and it is further,
Ordered that the appeal from the order is dismissed, without costs or disbursements, as academic, in light of our determination on the appeal from the judgment.
The Supreme Court concluded summarily that the appellant’s former attorneys were entitled to a fee of $456,020.78 on the basis of an account stated. There are a number of competing factors that come into play, some of which support the Supreme Court’s reasoning, but which, on balance, must yield to other considerations that warrant remittitur for a determination based upon quantum meruit.
The underlying litigation extended over 10 years and, to be sure, involved a large and complicated marital estate by any reckoning. It is discouraging to note that before the case was "settled,” it took four and one-half years of legal proceedings
Given this conclusion, we find that the wife is entitled to discovery and inspection of the time sheets and disbursement records of her former attorneys (see, Gargano v V.C. & J. Constr. Corp., 148 AD2d 492). In addition, although the appeal from the order has been rendered academic, we note that the Supreme Court erred in denying the wife’s motion pursuant to CPLR 5204 for the release of her property from the lien of the attorneys’ money judgment, as the court had no basis to conclude that certain escrow accounts were within her dominion and control.
It is our distaste for the prospect of another extended and costly aftermath that compels us to urge that further proceedings be judicially and energetically overseen, to ensure that the matter be brought to a prompt and speedy determination. Thompson, J. P., Rosenblatt, Miller and Pizzuto, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.