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FINKELSTEIN v. KINS

124 A.D.2d 92 (1987)

Samuel Finkelstein et al., Doing Business as Finkelstein & Robinson, Respondents, v. Gloria S. Kins, Appellant

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

February 10, 1987

Attorney(s) appearing for the Case

Edward O. Howard and John W. E. Bowen, IV of counsel (Howard & Rhone, attorneys), for appellant.

William Finkelstein of counsel (Miriam M. Robinson with him on the brief; Finkelstein & Robinson, attorneys), respondents pro se.

MILONAS and ROSENBERGER, JJ., concur with FEIN, J. P.; ELLERIN and WALLACH, JJ., dissent in an opinion by WALLACH, J.

FEIN, J. P.

The issue in this action by a firm of attorneys against a client is whether the attorneys are entitled to recover in quantum meruit an amount in excess of the bill rendered and in excess of the agreed upon fee because defendant client has failed to pay plaintiffs' bills as rendered and claims them to be excessive.

This is not a case in which plaintiffs' services were terminated. They completed...

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