Legal Opinion

Marschke v. Cross

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 1981PublishedCited by 9 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court at Special Term (Soden, J.), entered August 6, 1980 in Essex County, which granted plaintiff’s motion to compel her former attorney to turn over her legal file upon condition his fee, fixed without a hearing, be paid or otherwise secured. Plaintiff discharged her former attorney because she was dissatisfied with his services. A hearing to determine whether he was discharged with or without cause, and if the latter, to determine the amount of his compensation, must be held. If a discharge for cause or misconduct is shown, than the outgoing attorney has…

2Cases cited4 opinions

  1. Matter of WeitlingNew York Court of Appeals · 1935
  2. Williams v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  3. McDowell v. McDowell & Walker, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  4. In re ShaadAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by9 opinions

  1. Teichner v. W & J Holsteins, Inc.New York Court of Appeals · 1985
  2. Fields v. LeeponisAppellate Division of the Supreme Court of the State of New York · 1983
  3. Katsaros v. KatsarosAppellate Division of the Supreme Court of the State of New York · 1989
  4. Kyle v. KyleAppellate Division of the Supreme Court of the State of New York · 1983
  5. Artim v. ArtimAppellate Division of the Supreme Court of the State of New York · 1985

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