Reisman v. Theodore

Appellate Division of the Supreme Court of New York

Reisman v. Theodore

111 A.D.2d 227, 489 N.Y.S.2d 263, 1985 N.Y. App. Div. LEXIS 51364

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

DecidedMay 13, 1985

StatusPublished

Cited by1 cases

This text of 111 A.D.2d 227 (Reisman v. Theodore) 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

Reisman v. Theodore, 111 A.D.2d 227, 489 N.Y.S.2d 263, 1985 N.Y. App. Div. LEXIS 51364 (N.Y. Ct. App. 1985).

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Opinion

In an action to recover attorney’s fees allegedly owed, plaintiff appeals from an order of the Supreme Court, Nassau County (Becker, J.), dated January 10, 1984, which denied his motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

Order affirmed, with costs.

Parties to an action have the absolute right to settle, in good faith, before or after judgment and, if the settlement is reached after judgment, an attorney’s contingent fee is then based on the proceeds of the settlement (see, Matter of Levy, 249 NY 168). There is no evidence of bad faith on defendant’s part. Since the record reveals that plaintiff has already received adequate compensation for the services rendered, the complaint was properly dismissed. O’Connor, J. P., Weinstein, Brown and Kunzeman, JJ., concur.

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In an action to recover attorney’s fees allegedly owed, plaintiff appeals from an order of the Supreme Court, Nassau County (Becker, J.), dated January 10, 1984, which denied his motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

Order affirmed, with costs.

Parties to an action have the absolute right to settle, in good faith, before or after judgment and, if the settlement is reached after judgment, an attorney’s contingent fee is then based on the proceeds of the settlement (see, Matter of Levy, 249 NY 168). There is no evidence of bad faith on defendant’s part. Since the record reveals that plaintiff has already received adequate compensation for the services rendered, the complaint was properly dismissed. O’Connor, J. P., Weinstein, Brown and Kunzeman, JJ., concur.

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Bluebook (online)

111 A.D.2d 227, 489 N.Y.S.2d 263, 1985 N.Y. App. Div. LEXIS 51364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reisman-v-theodore-nyappdiv-1985.

Opinion

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