Davidoff Hutcher & Citron LLP v. Smirnov

Appellate Division of the Supreme Court of New York

Davidoff Hutcher & Citron LLP v. Smirnov

2016 NY Slip Op 8296, 145 A.D.3d 488, 41 N.Y.S.3d 881

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 8, 2016

Docket2301 156137/12

StatusPublished

This text of 2016 NY Slip Op 8296 (Davidoff Hutcher & Citron LLP v. Smirnov) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davidoff Hutcher & Citron LLP v. Smirnov, 2016 NY Slip Op 8296, 145 A.D.3d 488, 41 N.Y.S.3d 881 (N.Y. Ct. App. 2016).

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Opinion

Appeal from order, Supreme Court, New York County (Ira Gammerman, JHO), entered on or about September 10, 2015, deemed appeal from judgment, same court and JHO, entered September 16, 2015, which, to the extent appealed from, awarded plaintiff $27,291.15 in unpaid legal fees and no prejudgment interest, unanimously modified, on the law, to award plaintiff $73,477.98 in unpaid fees, plus prejudgment interest of $28,299.74, for a total award of $101,777.72, and as so modified, affirmed, without costs.

The addition of prejudgment interest to plaintiff’s award for unpaid legal fees under quantum meruit was mandatory (see CPLR 5001; Ash & Miller v Freedman, 114 AD2d 823 [1st Dept 1985]). Moreover, where plaintiff was required to seek permission to withdraw, it was required to continue to zealously repre *489 sent defendants until the court granted its motion to withdraw (Rules of Professional Conduct [22 NYCRR 1200.0] rule 1.16 [d], [e]). Therefore, it was incorrect for the JHO to refuse to consider any value for plaintiffs work from the time it moved by order to show cause to withdraw. This is particularly true where plaintiff sought, but was denied, an adjournment of the trial date, and the court took six months to grant the application.

Concur—Mazzarelli, J.P., Renwick, Richter, Manzanet-Daniels and Feinman, JJ.

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Appeal from order, Supreme Court, New York County (Ira Gammerman, JHO), entered on or about September 10, 2015, deemed appeal from judgment, same court and JHO, entered September 16, 2015, which, to the extent appealed from, awarded plaintiff $27,291.15 in unpaid legal fees and no prejudgment interest, unanimously modified, on the law, to award plaintiff $73,477.98 in unpaid fees, plus prejudgment interest of $28,299.74, for a total award of $101,777.72, and as so modified, affirmed, without costs.

The addition of prejudgment interest to plaintiff’s award for unpaid legal fees under quantum meruit was mandatory (see CPLR 5001; Ash & Miller v Freedman, 114 AD2d 823 [1st Dept 1985]). Moreover, where plaintiff was required to seek permission to withdraw, it was required to continue to zealously repre *489 sent defendants until the court granted its motion to withdraw (Rules of Professional Conduct [22 NYCRR 1200.0] rule 1.16 [d], [e]). Therefore, it was incorrect for the JHO to refuse to consider any value for plaintiffs work from the time it moved by order to show cause to withdraw. This is particularly true where plaintiff sought, but was denied, an adjournment of the trial date, and the court took six months to grant the application.

Concur—Mazzarelli, J.P., Renwick, Richter, Manzanet-Daniels and Feinman, JJ.

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Bluebook (online)

2016 NY Slip Op 8296, 145 A.D.3d 488, 41 N.Y.S.3d 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davidoff-hutcher-citron-llp-v-smirnov-nyappdiv-2016.

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