NEITHERCUT v. EBANKS


72 A.D.2d 807 (1979)

Margaret Neithercut, Appellant, v. Eston Ebanks et al., Defendants, and Julius J. Scavuzzo, Respondent

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

November 26, 1979


Order modified by deleting therefrom the provision establishing the percentage due the outgoing attorney and substituting therefor a provision that the amount of the attorney's lien shall be determined by the court on a quantum meruit basis at the conclusion of the litigation. As so modified, order affirmed insofar as appealed from, without costs or disbursements.

Plaintiff clearly is entitled to substitute attorneys at any time during the litigation, and the...

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