Opinion
March 30, 1998
Appeal from the Supreme Court, Putnam County (Hickman, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
If an attorney is discharged without cause prior to the completion of services, then the amount of the attorney's compensation must be determined on a quantum meruit basis (see, Teichner v. W J Holsteins, 64 N.Y.2d 977). The nonparty appellant, an attorney, claims that he is entitled to $139,852.95 on a quantum meruit basis for legal services rendered over a 12-year period to the plaintiff, a not-for-profit corporation. The record reveals, however, that the attorney was not discharged prior to the completion of his services (see, Marschke v. Cross, 82 A.D.2d 944). Although the attorney was replaced as lead counsel, he continued to participate in the trial, which resulted in the dismissal of the corporation's complaint (see, Living Springs Retreat v. County of Putnam, 215 A.D.2d 449, cert. denied 519 U.S. 1040). Moreover, there is no evidence to support the attorney's conclusory allegations that the corporation was obligated to retain him for an appeal (see, Vitale v. La Cour, 92 A.D.2d 892). Accordingly, the Supreme Court properly denied that branch of the attorney's motion which was for an award of attorney's fees on a quantum meruit basis.
Miller, J. P., Thompson, Friedmann and McGinity, JJ., concur.