Auburn v. Cappadona

These two actions sounding in contract were tried together and present the identical issue on appeal. The plaintiff, as administrator with the will annexed of Harold A. Leventhal, claims that the defendant is indebted to the estate of the decedent for legal services rendered by the decedent at the request of the defendant. Defendant claims that the services rendered were unnecessary and of no value to him, and further that no recovery is warranted because of the terms of a contingent fee agreement between the defendant and the plaintiff s testator.

The court found for the plaintiff in each…