Opinion
April 20, 1992
Appeal from the Supreme Court, Queens County (Rosenzweig, J.).
Ordered that the order is reversed, on the law, with costs, the defendants' motion is denied, and the matter is remitted to the Supreme Court, Queens County, for an expedited hearing in accordance herewith.
It is well settled that an attorney who has been discharged without cause by a client is entitled to retain his client's file until he has been paid or until the client has otherwise posted adequate security ensuring the attorney's payment (see, Andreiev v Keller, 168 A.D.2d 528; Corby v Citibank, 143 A.D.2d 587; Mint Factors v Cedar Tide Corp., 133 A.D.2d 222). In this case, the appellant was relieved of its representation of the defendants at a time when the defendants allegedly owed it in excess of $6,000 in legal fees. As there is no evidence in this record that the appellant was relieved for cause, or that any other exigent circumstances required the immediate surrender of its former clients' file (see, Artim v Artim, 109 A.D.2d 811; cf., Katsaros v Katsaros, 152 A.D.2d 539), an expedited hearing must be held to determine the appropriate compensation in quantum meruit to be paid to the appellant before its retaining lien may be discharged (see, Andreiev v Keller, supra; Corby v Citibank, supra; Mint Factors v Cedar Tide Corp., supra; Artim v Artim, supra; Ventola v Ventola, 112 A.D.2d 291). Thompson, J.P., Miller, Ritter and Copertino, JJ., concur.