Legal Opinion
Hawkins v. Lenox Hill Hospital
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1988PublishedCited by 16 opinions
1Opinion of the Court
In a malpractice action, the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Scholnick, J.), dated May 13, 1987, as denied their motion for an order discharging their attorneys of record for cause.
Ordered that the order is affirmed insofar as appealed from, with costs.
The facts disclosed by the record do not show just cause for the discharge of the plaintiffs’ attorneys. We do not agree with the plaintiffs’ contention that a hearing was required to determine whether the discharge was for cause. "It is fundamental that a motion may be decided without a hearing…
2Cases cited4 opinions
- People v. GrudenNew York Court of Appeals · 1977
- Matter of WeitlingNew York Court of Appeals · 1935
- Quantum Heating Services Inc. v. AusternAppellate Division of the Supreme Court of the State of New York · 1984
- Hess v. TyszkoAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by16 opinions
- Coccia v. LiottiAppellate Division of the Supreme Court of the State of New York · 2010
- Farage v. EhrenbergAppellate Division of the Supreme Court of the State of New York · 2014
- Doviak v. Finkelstein & Partners, LLPAppellate Division of the Supreme Court of the State of New York · 2011
- Byrne v. LeblondAppellate Division of the Supreme Court of the State of New York · 2006
- In Re MercuryUnited States Bankruptcy Court, S.D. New York · 2002
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