Appellate Division of the Supreme Court of New York, 1997

Philip Irwin Aaron, P. C. v. Joseph Parisi TTEE Parisi Enterprises Inc.

Philip Irwin Aaron, P. C. v. Joseph Parisi TTEE Parisi Enterprises Inc.
Appellate Division of the Supreme Court of New York · Decided June 23, 1997
240 A.D.2d 671; 659 N.Y.S.2d 1013; 1997 N.Y. App. Div. LEXIS 6839
Philip Irwin Aaron, P. C. v. Joseph Parisi TTEE Parisi Enterprises Inc.

Opinion of the Court

In a proceeding pursuant to Judiciary Law § 475 to fix its retaining lien and charging lien, the petitioner appeals, on the ground of inadequacy, from a judgment of the Supreme Court, Nassau County (Bucaria, J.), entered August 22, 1996, which, inter alia, fixed its retaining lien and charging lien in the principal sum of $15,000.

Ordered that the judgment is affirmed, with costs.

In the absence of a written agreement as to attorney’s fees, the petitioner law firm is entitled to compensation for the services it rendered on a quantum meruit basis (see, Jacobson v Sassower, 66 NY2d 991). The determination of whether legal *672fees are reasonable under the circumstances is a matter within the sound discretion of the trial court (see, Matter of Freeman, 34 NY2d 1, 9-10; Chernofsky & DeNoyelles v Waldman, 212 AD2d 566). The court’s determination fixing the retaining lien and charging lien at $15,000 for legal services rendered in the absence of any written agreement is supported by the record. Mangano, P. J., Copertino, Florio and McGinity, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.