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Rondinelli v. Yabuki

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 404 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the Supreme Court, Westchester County (Donovan, J.).


Ordered that the order is affirmed, without costs or disbursements.

The appellant contends that Judiciary Law § 475 grants him the right to recover the value of the legal services provided to the plaintiff in this action to recover damages for personal injuries, and that an evidentiary hearing should have been held to provide the court with a proper basis for determining the value of his contributions to the ultimate resolution of the action. However, we find that the Supreme Court's grant of quantum meruit recovery to the appellant, a suspended attorney (see, 22 NYCRR 691.10 [b]), without a formal evidentiary hearing but after oral argument was proper, since the plaintiff's current attorney and the appellant each had the opportunity to submit the documentation critical to their contentions and the Trial Justice had ample time to examine the documents submitted and consider all of the arguments advanced (see, Ziprkowski v Goodman, 193 A.D.2d 389; Major v. Leary, 241 App. Div. 606, 607).

We have examined the appellant's remaining contentions and find them to be without merit. Balletta, J.P., Miller, O'Brien and Sullivan, JJ., concur.


Summaries of

Rondinelli v. Yabuki

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 404 (N.Y. App. Div. 1996)
Case details for

Rondinelli v. Yabuki

Case Details

Full title:RICCI RONDINELLI, Plaintiff, v. TETSUTO YABUKI et al., Defendants, DAVID…

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 404 (N.Y. App. Div. 1996)
637 N.Y.S.2d 775

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