75 A.D.2d 979 | N.Y. App. Div. | 1980
Cross appeals from a judgment of the County Court of Delaware County in favor of plaintiff, entered March 13, 1979, upon a decision of the court at a Trial Term, without a jury. On February 24, 1976 the defendant corporation retained plaintiff attorneys on a contingent fee basis to collect accounts owed by various individuals and corporations. Plaintiff was to be compensated in the amount of 25% of all sums collected before judgment and 3310% of amounts recovered after judgment. One account was a promissory note in the sum of $3,000 bearing interest at 12% executed by one Alfred Pasciak. An action was commenced on this note in November, 1976. After issue was joined and while a motion by plaintiff for summary judgment was pending, Mr. Pasciak died. Thereafter, deceased’s wife, as administratrix of his estate, was substituted as party defendant and summary judgment was granted against her on September 19, 1977. Before the judgment could be executed the defendant corporation in this action demanded and received back from plaintiff all its files except the Pasciak file. However, defendant’s new attorneys recovered on the note in full in Surrogate’s Court and refused to pay plaintiff for legal services rendered in connection with the Pasciak case. Plaintiff commenced an action in Delaware County Court seeking to recover (1) on their contingent