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Cuestas v. Cuestas

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1985
112 A.D.2d 341 (N.Y. App. Div. 1985)

Opinion

July 22, 1985

Appeal from the Supreme Court, Richmond County (Hurowitz, J.).


Order modified, on the law and the facts, by increasing the amount of the lien to $2,000, less $400 previously paid. As so modified, order affirmed, with costs to the appellant.

We find that the amount of the lien should have been determined on a quantum meruit basis and that the amount fixed was, therefore, inadequate to the extent indicated. Under the facts of this case, it is not necessary to remit the matter for a hearing ( cf. Matter of Goldin, 104 A.D.2d 890). Brown, J.P., Rubin, Lawrence and Kunzeman, JJ., concur.


Summaries of

Cuestas v. Cuestas

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1985
112 A.D.2d 341 (N.Y. App. Div. 1985)
Case details for

Cuestas v. Cuestas

Case Details

Full title:FELIX V. CUESTAS, JR., Plaintiff, v. WILLA CUESTAS, Respondent, and JACOB…

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

Date published: Jul 22, 1985

Citations

112 A.D.2d 341 (N.Y. App. Div. 1985)