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Fischbarg v. Doucet

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 30, 2009

GABRIEL FISCHBARG, PLAINTIFF-RESPONDENT,
v.
SUZANNE DOUCET, ETC., ET AL., DEFENDANTS-APPELLANTS.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered July 16, 2008, which, to the extent appealed from as limited by the brief, denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Friedman, Moskowitz, Renwick, Freedman, JJ.

101427/05

Plaintiff's failure to provide defendants with a writing identifying the method by which the contingency fee was to be determined and how expenses were to be paid, in violation of former Code of Professional Responsibility DR 2-106(d) (22 NYCRR 1200.11[d]) (now Rules of Professional Conduct [22 NYCRR part 1200] rule 1.5[c]), does not preclude his recovery for services rendered on a quantum meruit basis (see Matter of Santemma v Chasco Co., 242 AD2d 273 [1997]). Issues of fact as to plaintiff's right to recovery are raised by the parties' dispute over whether his resignation was justified and whether there existed cause for defendants to discharge him (see Klein v Eubank, 87 NY2d 459, 464 [1996]; Shalom Toy v Each & Every One of Members of N.Y. Prop. Ins. Underwriting Assn., 239 AD2d 196, 198 [1997]).

We have considered defendants' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090630

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