663 N.Y.S.2d 313 | N.Y. App. Div. | 1997
Appeal from a judgment of the Supreme Court (Lynn, J.H.O.), entered April 11, 1996 in Albany County, upon a decision of the court in favor of plaintiff.
In January 1989, Goldberger became a partner in plaintiff. Goldberger met with Hess in early January 1989 to discuss whether to settle or litigate the NLRB complaint. Hess decided to litigate. At another meeting with Goldberger held later in January 1989, Hess, for the first time, met Michael Taylor, a partner in plaintiff’s Washington, D.C. office. Eventually, a hearing was held with both Goldberger and Taylor representing defendant. At the conclusion of the hearing, which went against defendant, plaintiff sent defendant a bill dated May 5, 1989 for $54,938.78 in professional services and $4,625.24 in disbursements for a total of $59,563.99. Hess disputed the bill. Plaintiff thereafter performed additional services including the preparation and submission of a posthearing brief and billed defendant an additional $30,500 plus disbursements of $765.93 on March 5, 1990.
Defendant refused to pay the bills and plaintiff commenced this action to recover counsel fees and disbursements in the amount of $90,829.92. The complaint alleged breach of contract, quantum meruit and account stated. Following a non-jury trial, Supreme Court dismissed the causes of action for breach of contract and account stated. The court found that the services performed by plaintiff before the NLRB could reasonably be worth what plaintiff charged. However, the court also found that Goldberger had represented to Hess that the bill for services would be between $15,000 and $20,000, there would be no charge for Taylor’s services or expenses, and Goldberg-er’s hourly rate was $150. The court determined that plaintiff recover $30,000 plus interest from the date this action was commenced. Plaintiff appeals.
It is clear that “[t]he determination of reasonable counsel fees is a matter within the sound discretion of the trial court
The amount of compensation to be fixed under the theory of quantum meruit “depends on the court’s interpretation of various factors in its determination of the reasonable value of the services rendered” (Ingber v Sabato, 229 AD2d 884, 887, appeal dismissed 88 NY2d 1064; see, Smith v Boscov’s Dept. Store, 192 AD2d 949). Such factors generally include the nature of the litigation, the difficulty of the case, the actual time spent, the necessity therefor, the amount of money involved, the results achieved and amounts customarily charged for similar services in the same locality (see, Smith v Boscov’s Dept. Store, supra; Shrauger v Shrauger, supra; Jordan v Freeman, 40 AD2d 656), as well as the certainty of compensation (see, Matter of Freeman, 34 NY2d 1, 9-10; Shrauger v Shrauger, supra, at 956). It was the consideration of this last factor which weighed heavily in the decision to limit the amount of plaintiffs recovery. As indicated, Supreme Court found that Hess believed, based upon Goldberger’s representation, the fee would be between $15,000 to $20,000 and defendant would not be charged for Taylor’s services. Furthermore, although plaintiffs expert witness valued the services at the full amount of the final bill, such testimony, while entitled to weight, was not conclusive on the court which was entitled to “form an independent judgment from the facts and evidence before it” (Mc-Avoy v Harron, 26 AD2d 452, 454). Based upon our review of this record, we cannot say that Supreme Court abused its discretion and improperly applied the relevant factors in assessing the reasonable value of plaintiffs services.
Turning to the issue of interest, we reject defendant’s categorization that plaintiffs claim is “equitable” and, therefore, any award of interest was discretionary (see, CPLR 5001 [a]). Plaintiffs quantum meruit action is essentially an action at law, inasmuch as it seeks money damages in the nature of a breach of contract, “notwithstanding that the rationale underlying such causes of action is fairness and equitable principles in a general rather than legal, sense” (Hudson View II Assocs. v Gooden, 222 AD2d 163, 168). Thus, Supreme Court correctly determined that it was required to award interest (see, CPLR 5001 [a]).
Mercure, Peters, Spain and Carpinello, JJ., concur. Ordered that the judgment is modified, on the law, without costs, by reversing so much thereof as computed interest from August 13, 1990 in the sum of $14,977.05; matter remitted to the Supreme Court for a recomputation of interest by the clerk of the court from March 5, 1990 to February 26, 1996; and, as so modified, affirmed.