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

Appellate Division of the Supreme Court of New York

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

240 A.D.2d 671, 659 N.Y.S.2d 1013, 1997 N.Y. App. Div. LEXIS 6839

Appellate Division of the Supreme Court of the State of New York·Decided June 23, 1997·Published·Cited by 5 cases

Opinion

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 [672] fees 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.

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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 [672] fees 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.

Philip Irwin Aaron, P. C. v. Joseph Parisi TTEE Parisi Enterprises Inc., 240 A.D.2d 671, 659 N.Y.S.2d 1013, 1997 N.Y. App. Div. LEXIS 6839 (N.Y. Ct. App. 1997).

Pincite

240 A.D.2d 671 (Philip Irwin Aaron, P. C. v. Joseph Parisi TTEE Parisi Enterprises Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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