Opinion
November 20, 1995
Appeal from the Supreme Court, Nassau County (O'Brien, J.).
Ordered that the judgment is affirmed, with costs.
Doris Elias retained the law firm of Seavey, Fingerit, Vogel, Oziel and Skoller (hereinafter Seavey Fingerit) to represent her at an arbitration concerning an underinsured motorist claim. Pursuant to a written retainer agreement, Seavey Fingerit was to receive one-third of any award. Ultimately, the arbitration resulted in an award to Elias in the amount of $65,000 (see, Matter of State Farm Mut. Auto. Ins. Co. v Elias, 221 A.D.2d 547 [decided herewith]). However, before the award was confirmed, differences arose between the parties which resulted in the termination of Seavey Fingerit's representation of Elias and the selection of substitute counsel. Indeed, the arbitration award was confirmed while Elias was being represented by new counsel. After a two-day hearing to determine the fair and reasonable value of Seavey Fingerit's services, at which Elias raised a variety of arguments for the reduction or denial of a fee, the court awarded Seavey Fingerit the amount of $21,797. We now affirm.
When counsel is discharged or substituted for without cause prior to the completion of representation, counsel is entitled to compensation in quantum meruit, whether that amount is more or less than the agreed-upon fee (see, Lai Ling Cheng v Modansky Leasing Co., 73 N.Y.2d 454; Ashker v International Bus. Mach. Corp., 201 A.D.2d 765; Hovanec Bldrs. Developers Corp. v Hines, 173 A.D.2d 951; Wald v Wald, 170 A.D.2d 669; Theroux v Theroux, 145 A.D.2d 625). Here, we agree with the hearing court's implicit finding that the substitution was without cause and find, based on the evidence adduced at the hearing, that the amount awarded represented a fair and reasonable recovery in quantum meruit. Balletta, J.P., Ritter, Copertino and Friedmann, JJ., concur.