Benson v. Silverman

Appellate Terms of the Supreme Court of New York

Benson v. Silverman

49 Misc. 2d 1100, 269 N.Y.S.2d 142, 1966 N.Y. Misc. LEXIS 2062

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 24, 1966

StatusPublished

This text of 49 Misc. 2d 1100 (Benson v. Silverman) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benson v. Silverman, 49 Misc. 2d 1100, 269 N.Y.S.2d 142, 1966 N.Y. Misc. LEXIS 2062 (N.Y. Ct. App. 1966).

Pincite

Opinion

Per Curiam.

For two an one-half years the defendant served as attorney for the plaintiff. He did so with the acquiescence of her former attorney and he was so accepted by the court and by the plaintiff’s opponent. In the circumstances his failure to effect a formal substitution of attorneys, which did not result in prejudice to the plaintiff, cannot be said to have been a breach of his retainer agreement so as to deprive him of compensation for his services.

The judgment should be reversed and complaint dismissed, without costs.

Tilzeb, J. P., Hoestadteb and Gold, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

For two an one-half years the defendant served as attorney for the plaintiff. He did so with the acquiescence of her former attorney and he was so accepted by the court and by the plaintiff’s opponent. In the circumstances his failure to effect a formal substitution of attorneys, which did not result in prejudice to the plaintiff, cannot be said to have been a breach of his retainer agreement so as to deprive him of compensation for his services.

The judgment should be reversed and complaint dismissed, without costs.

Tilzeb, J. P., Hoestadteb and Gold, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

49 Misc. 2d 1100, 269 N.Y.S.2d 142, 1966 N.Y. Misc. LEXIS 2062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benson-v-silverman-nyappterm-1966.