Garfield v. Greenbaum, Wolff & Ernst

Asch, J. (dissenting).

I would dissent and affirm the judgment of Special Term. The heart of the arrangement between plaintiff and defendant law firm comes down to his being compensated based on a sliding scale, dependent upon the amount of fees earned by his former law firm from a former client. The *711agreement specified that plaintiff would be available for consultation as long as his health permitted. Even if he were not available to give advice because of ill health, he would still be entitled to his percentage. It has been conceded that for the last two years at least, because of ill…