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NABI v. SELLS

1378, 1378A.

70 A.D.3d 252 (2009)

892 N.Y.S.2d 41

MASOOD NABI, Appellant, v. DEREK S. SELLS et al., Respondents.

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

Decided December 17, 2009.

Attorney(s) appearing for the Case

The Abramson Law Group, PLLC, New York City (Robert Frederic Martin of counsel), for appellant.

Rosato & Lucciola, New York City (Joseph S. Rosato and Gerard A. Lucciola of counsel), for respondents.

SWEENY, J.P., CATTERSON, ACOSTA and FREEDMAN, JJ., Concur.

OPINION OF THE COURT

BUCKLEY, J.

In this action for declaratory and other relief, defendant attorneys seek to enforce the terms of a contingency fee retainer agreement.

It was error to dismiss the first cause of action merely because plaintiff is not entitled to the declaration he seeks (see Lanza v Wagner, 11 N.Y.2d 317, 334 [1962], cert denied 371 U.S. 901 [1962]); the proper course is to declare...

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