CORSI v. OTT


44 A.D.2d 906 (1974)

Vittoria M. Corsi et al., Plaintiffs, v. Frank W. Ott, Defendant; Edward Schmitt, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 30, 1974


Order unanimously reversed, without costs, and matter remitted to Supreme Court, Erie County, for a hearing in accordance with the following memorandum: An attorney was retained on a contingent fee basis by plaintiffs. Pursuant to CPLR 321 (subd. [b]), at their instance he was replaced as counsel, and in the order appealed from payment of his fee was made contingent upon plaintiffs' ultimate success in the pending lawsuit. The displaced attorney chose quantum meruit

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