From Casetext: Smarter Legal Research

Nossen v. Ballinger

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1989
156 A.D.2d 160 (N.Y. App. Div. 1989)

Opinion

December 7, 1989

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).


Plaintiff seeks to recover legal fees and disbursements from defendants for professional services rendered in the amount of $122,502.41. Plaintiff asserts four causes of action for recovery of the legal fees. They are in quantum meruit, an agreement to pay appellant an hourly rate, unjust enrichment and on an account stated. Since plaintiff is not proceeding only under the theory of quantum meruit, where the issue is the reasonableness of the fees, but also pursuant to an agreement to pay an agreed hourly rate, defendants are entitled to a detailed description of legal fees rendered (McLaughlin Stern, Ballen Miller v Gottlieb, 52 A.D.2d 765).

Concur — Murphy, P.J., Ross, Milonas, Kassal and Rubin, JJ.


Summaries of

Nossen v. Ballinger

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1989
156 A.D.2d 160 (N.Y. App. Div. 1989)
Case details for

Nossen v. Ballinger

Case Details

Full title:ROBERT P. NOSSEN, Appellant, v. ALAN H. BALLINGER et al., Respondents

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

Date published: Dec 7, 1989

Citations

156 A.D.2d 160 (N.Y. App. Div. 1989)
548 N.Y.S.2d 206