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188 Misc. 116

Stuart v. Trihas

Appellate Terms of the Supreme Court of New York · decided 1946-11-27

Cited by 2 later decisions — most recently December 1951

2 state decisions

Relies on Martin v. . Camp · Matter of Tillman · Robinson v. . Rogers

Good law ✅— No negative treatment on recordhow we know

Decided 1946-11-27

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Per Curiam.

¶1Defendants, as clients, had the right to terminate plaintiffs’ services, as attorneys, for any reason they saw fit and thereupon plaintiffs were entitled to recover only a sum equal to the reasonable value of the work performed up to the time of discharge, determinable solely on the basis of quantum meruit (Martin v. Camp, 219 N. Y. 170, 174; Robinson v. Rogers, 237 N. Y. 467, 470; Matter of Tillman, 259 N. Y. 133, 135). The refusal of defendants to permit plaintiffs to complete the services was equivalent to a discharge.

¶2The judgment should be reversed, judgment directed for plaintiffs and case remittee! to the court below for determination of the reasonable value of plaintiffs’ services.

¶3Eder and Hecht, JJ., concur in Per Curiam memorandum; McLaughlin, J., dissents.

¶4Judgment reversed, etc.

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