Civil Procedure · MBE-tested
Biaggi & Biaggi, Respondent, v. Local 300, Service Employees International Union, et al., Appellants
254 A.D.2d 236679 N.Y.S.2d 57·New York Supreme Court, Appellate Division·1998·NY
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Opinion
Biaggi & Biaggi, Respondent, v Local 300, Service Employees International Union, et al., Appellants.
[679 NYS2d 57]
[MAJORITY]
Order, Supreme Court, Bronx County (Stanley Green, J.), entered May 14, 1998, denying defendants’ motion to dismiss plaintiffs complaint for failure to state a cause of action, unanimously affirmed, without costs.
The complaint of plaintiff law firm, alleging, inter.alia, that the firm changed its position to its detriment by reason of its retainer agreements with the Union and Welfare Fund defendants, sufficiently states a claim for compensation according to the terms of those retainer agreements, notwithstanding the generally applicable rule that a client may discharge its attorney at will and, in so doing, relegate outgoing counsel to recover in quantum meruit for the value of its services (see, Greenberg v Remick & Co., 230 NY 70; Atkins & O’Brien v ISS Intl. Serv. Sys., 252 AD2d 446; Ehrlich v Rebco Ins. Exch., 198 AD2d 58). Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Andrias and Saxe, JJ.