BALESTRIERE PLLC v. BANXCORP

7554, 650919/10.

96 A.D.3d 497 (2012)

947 N.Y.S.2d 7

2012 NY Slip Op 4675

BALESTRIERE PLLC, Respondent, v. BANXCORP et al., Appellants.

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

June 12, 2012.


It is well settled that "[t]he public policy of New York which permits a client to terminate the attorney-client relationship freely at any time, notwithstanding the existence of a particularized retainer agreement between the parties, would be easily undermined if an attorney could hold a client liable for fraud on the theory that the client misrepresented his or her true intent when the retainer was executed" (Demov, Morris, Levin & Shein v Glantz,

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