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MARX v. MARX

258 A.D.2d 366 (1999)

685 N.Y.S.2d 224

OWEN MARX, Plaintiff, v. PATRICIA MARX, Appellant. ROBERT G. SMITH, Nonparty Respondent.

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

Decided February 18, 1999.

The absence of a notice of cross motion by the outgoing attorney pursuant to CPLR 2215 is not fatal herein since defendant was fully apprised of the outgoing attorney's position respecting payment of his fee in the event defendant elected to discharge him and retain different counsel (see, Plateis v Flax, 54 A.D.2d 813, 814). Inasmuch as the outgoing attorney was not discharged for cause, his fee was properly determined by the motion...

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