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VIONI v. CAREY & ASSOC., LLC

Index No. 154928/17. Appeal No. 13447. Case No. 2020-01475.

192 A.D.3d 617 (2021)

141 N.Y.S.3d 304

2021 NY Slip Op 01880

Lisa Vioni, Respondent, v. Carey & Associates, LLC, et al., Appellants.

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

Carey & Associates LLC, New York ( Michael Q. Carey of counsel), for appellants.

Corey Stark, PLLC, New York ( Corey Stark of counsel), and The Dweck Law Firm, LLP, New York ( H.P. Sean Dweck of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Moulton, Shulman, JJ.

The counterclaims were properly dismissed. Unlike a discharge without cause, where "the attorney is limited to recovering in quantum meruit the reasonable value of the services rendered ... [w]here the discharge is for cause, the attorney has no right to compensation or a retaining lien, notwithstanding a specific retainer agreement" (Campagnola v Mulholland, Minion & Roe, 76 N.Y.2d 38, 44 [1990]). As defendants do not challenge...

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