Opinion
October 31, 1955.
Orders granting motions for a substitution of attorneys, and fixing the compensation of appellants, the outgoing attorneys, for services rendered, reversed, with $10 costs and disbursements, and the matter remitted to the Special Term for such further proceedings as may be proper and not inconsistent herewith. Appellants were retained by the owners of real property, on a contingent basis, to attempt to secure reductions in the assessed valuation for real estate taxes of said real property. After various services had been performed by appellants, including the commencement of nineteen proceedings in the Supreme Court, appellants were advised by their clients that another attorney had been engaged, and motions for a substitution of attorneys were made, upon which motions the court was requested to fix the compensation due appellants. On conflicting affidavits as to the nature and value of the services performed, and without the taking of proof, the Special Term granted the motions, and fixed the value of the services performed by appellants at $50 in each proceeding. No determination was made as to the extent of the services performed. Appellants were entitled to have their compensation fixed on a quantum meruit basis on proof of the services performed, and the value thereof. ( Matter of Krooks, 257 N.Y. 329; Martucci v. Brooklyn Children's Aid Soc., 284 N.Y. 408; Matter of Richardson, 250 App. Div. 199.) We are unable to determine, from the record presented, the basis upon which the determination of compensation was made. The Special Term should determine, on the taking of testimony, if necessary, the services performed, and fix their value accordingly. (Cf. Matter of Richardson, supra.) Nolan, P.J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.