MATTER OF GELLMAN v. BERRIAN & 45TH REALTY CORP.


279 A.D. 933 (1952)

In the Matter of the Application of Samuel Gellman, an Attorney, Appellant. Rosicato Builders, Inc., Plaintiff, v. Berrian & 45th Realty Corp. et al., Defendants. William Green, Doing Business under the Name of Green Construction Company, Respondent

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

March 24, 1952.


Order, insofar as appealed from, modified by striking from the ordering paragraph "$2,500.00," and by substituting therefor "$2,564.80," and, as so modified, the order is affirmed, without costs.

Despite the fact that appellant did not seek to recover on a quantum meruit basis, the learned Official Referee must have fixed the acount allowed on that basis. There is no proof of fraud or illegality in the inception of the retainer, but an interpretation is required...

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