Holman v. Calamari

Appellate Terms of the Supreme Court of New York

Holman v. Calamari

29 Misc. 2d 118, 220 N.Y.S.2d 578, 1961 N.Y. Misc. LEXIS 2778

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 7, 1961

StatusPublished

This text of 29 Misc. 2d 118 (Holman v. Calamari) 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

Holman v. Calamari, 29 Misc. 2d 118, 220 N.Y.S.2d 578, 1961 N.Y. Misc. LEXIS 2778 (N.Y. Ct. App. 1961).

Pincite

Opinion

Per Curiam.

There are triable issues as to the validity of the contingency agreement for the legal services involved. Should said agreement he upheld, it is our view that plaintiff’s compensation should be based upon the market value of the property in question within a reasonable time after the services were completed. If the contingency arrangement is held to be invalid, plaintiff’s recovery should be on a quantum meruit basis.

The order granting summary judgment and judgment entered thereon should be unanimously reversed upon the law, without costs, and motion denied.

Concur — Hart, Brown and Benjamin, JJ.

Order reversed, etc.

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Per Curiam.

There are triable issues as to the validity of the contingency agreement for the legal services involved. Should said agreement he upheld, it is our view that plaintiff’s compensation should be based upon the market value of the property in question within a reasonable time after the services were completed. If the contingency arrangement is held to be invalid, plaintiff’s recovery should be on a quantum meruit basis.

The order granting summary judgment and judgment entered thereon should be unanimously reversed upon the law, without costs, and motion denied.

Concur — Hart, Brown and Benjamin, JJ.

Order reversed, etc.

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Bluebook (online)

29 Misc. 2d 118, 220 N.Y.S.2d 578, 1961 N.Y. Misc. LEXIS 2778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holman-v-calamari-nyappterm-1961.