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Lanfranchi v. Polatsch

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1998
246 A.D.2d 513 (N.Y. App. Div. 1998)

Opinion

January 12, 1998

Appeal from the Supreme Court, Suffolk County (Doyle, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the nonparty respondents were discharged without cause, and therefore were entitled to recover compensation measured by the fair and reasonable value of the services rendered (see, Klein v. Eubank, 87 N.Y.2d 459; Matter of Cohen v. Grainger, Tesoriero Bell, 81 N.Y.2d 655; Lai Ling Cheng v. Modansky Leasing Co., 73 N.Y.2d 454, 457-458; Matter of Weitling, 266 N.Y. 184, 187; Clifford v. Pierce, 214 A.D.2d 697). We find no merit to the nonparty appellant's contention that the Supreme Court improvidently exercised its discretion in apportioning the attorneys' fee (see, Matter of Freeman, 34 N.Y.2d 1, 9; Lefkowitz v. Van Ess, 166 A.D.2d 556; Shrauger v. Shrauger, 146 A.D.2d 955, 956).

O'Brien, J.P., Joy, Friedmann and Goldstein, JJ., concur.


Summaries of

Lanfranchi v. Polatsch

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1998
246 A.D.2d 513 (N.Y. App. Div. 1998)
Case details for

Lanfranchi v. Polatsch

Case Details

Full title:FRANCES LANFRANCHI et al., Plaintiffs, v. BERNARD POLATSCH et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 12, 1998

Citations

246 A.D.2d 513 (N.Y. App. Div. 1998)
666 N.Y.S.2d 939

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