Opinion
April 23, 1990
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the appeal by Dennis C. Collins is dismissed, as abandoned, without costs or disbursements; and it is further,
Ordered that the judgment is affirmed insofar as appealed from by John C. Lawrence, individually, and John C. Lawrence and Cornelia H. Haywood, doing business as The Paddocks, a partnership, without costs or disbursements.
The related actions concern Dennis C. Collins' entitlement to legal fees and real estate brokerage commissions for certain work he performed on behalf of John C. Lawrence, individually, and John C. Lawrence and Cornelia H. Haywood doing business as The Paddocks, a partnership (hereinafter The Paddocks).
We find no basis to disturb the jury's findings that Dennis C. Collins was entitled to the principal sums of $5,875 and $375 for legal work he performed with respect to John C. Lawrence's personal dealings. Further, Dennis C. Collins was entitled to retain $35,000 paid to him for the legal work he performed in obtaining approval of the subdivision of certain real property owned by John C. Lawrence and The Paddocks. Since there was no showing of fraud, mistake or other equitable consideration, the payment of this sum without objection is binding on Lawrence and The Paddocks (see, Rosenman Colin Freund Lewis Cohen v Neuman, 93 A.D.2d 745; Parker Chapin Flattau Klimpl v. Daelen Corp., 59 A.D.2d 375, 377).
We have reviewed the remaining contentions of the appellants John C. Lawrence and The Paddocks and find them to be without merit. Thompson, J.P., Brown, Lawrence and Balletta, JJ., concur.