47 N.Y.S. 93 | N.Y. Sup. Ct. | 1897
It is ■ clear that in an action for services to be' proven as upon a quantum meruit, a compulsory reference cannot be had solely because the plaintiff splits his charges upon one retainer into numerous items all Of which may be grouped upon the trial in one estimate of value. Randall v. Sherman, 131 N. Y. 669; Untermyer v. Beinhauer, 105 id. 521; Feeter v. Arkenburgh, 147 id. 237.
It is practicable for a jury in listening to the detailed statement for services rendered in the litigation, to group together the work doné? and form, an estimate- as to- the value of the whole, even
This decision also impliedly maintains that lawyers shall be entitled to as fair consideration when necessity compels suit to recover for the value of their services, as other classes of citizens.
In the present case the motion is made upon the complaint, answer and affidavit of the plaintiff. The statements made by the plaintiff are not opposed by any contradictory affidavit, and, therefore, the motion must be judged by what he says under oath. He says that the trial of the issue will require the examination of a long account covering various proceedings and disbursements, including payments and money collected for the defendant and paid over to it] that the proceedings cover a period of at least five years and a large number of items. This statement is general in its character and might not be sufficient but for a reference in the affidavit to the suits and proceedings, not only in the action but in special proceedings to the number of seven in all, and drawing and preparing contracts] and the plaintiff also states that many and various steps were taken in each suit and proceeding and there were many items of disbursement in each.
It can thus readily be seen that in seven different matters brought into court, each embracing different items of work and disbursements, aside from the work done in drawing contracts and agreements,. the plaintiff has stated sufficient to justify the general assertion that the examination of a long account is necessary. It will also readily be seen that it would be quite impracticable for
tion for a reference is, therefor, granted.
Motion granted.