CUESTAS v. CUESTAS


112 A.D.2d 341 (1985)

Felix V. Cuestas, Jr., Plaintiff, v. Willa Cuestas, Respondent, and Jacob E. Heller, Appellant

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

July 22, 1985


Order modified, on the law and the facts, by increasing the amount of the lien to $2,000, less $400 previously paid. As so modified, order affirmed, with costs to the appellant.

We find that the amount of the lien should have been determined on a quantum meruit basis and that the amount fixed was, therefore, inadequate to the extent indicated. Under the facts of this case, it is not necessary to remit the matter for a hearing (cf. Matter of Goldin, ...

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