Thursday, December 15, 2016

An award for unpaid legal fees.

The addition of prejudgment interest to plaintiff's award for unpaid legal fees under quantum meruit was mandatory, pursuant to CPLR 5001. As plaintiff was required to move to withdraw, it was required to continue to zealously represent defendants until the court granted its motion, pursuant to Rule 1.16[d], [e], and so the award should consider any value for plaintiff's work from the time it moved by order to show cause to withdraw. This is particularly true here, where plaintiff sought, but was denied, an adjournment of the trial date, and the court took six months to grant the application.

Case:  Davidoff Hutcher & Citron LLP v. Smirnov, NY Slip Op 08296 (1st Dep't Deember 8, 2016)

Here is the decision.

Tomorrow's issue: Plaintiff's standing in a note action.