Opinion
October 19, 1942.
Order granting plaintiff's motion for substitution of attorneys, in so far as it fixes the compensation of the retiring attorney on a percentage basis, reversed on the law and the facts, with ten dollars costs and disbursements, and the matter is remitted to Special Term to determine whether plaintiff in fact retained the retiring attorney, and if so, to fix said compensation for services on a quantum meruit basis. ( Boglione v. Hunterspoint Lumber Supply Co., Inc., 250 App. Div. 861; Matter of Weitling, 266 N.Y. 184.) Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ., concur.