Legal Opinion

Seth Rubenstein, P.C. v. Ganea

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

Decided April 3, 2007PublishedCited by 45 opinions

1Opinion of the Court

*56OPINION OF THE COURT

Dillon, J.

On this appeal and cross appeal we are presented with two issues that have not previously been addressed at the appellate level. First, we are asked to address the question of whether an attorney who fails to obtain a written retainer agreement or letter of engagement with a nonmatrimonial client, in violation of 22 NYCRR 1215.1, may nevertheless recover the reasonable value of professional services rendered on a quantum meruit basis. Published decisions on this issue from the Supreme, Surrogate, and Civil Courts have reached well-reasoned but conflicting…

2Cases cited32 opinions

  1. A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
  2. Jacobson v. SassowerNew York Court of Appeals · 1985
  3. Campagnola v. MulhollandNew York Court of Appeals · 1990
  4. Cohen v. Grainger, Tesoriero & BellNew York Court of Appeals · 1993
  5. Shaw v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1986

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3Cited by45 opinions

  1. Doviak v. Finkelstein & Partners, LLPAppellate Division of the Supreme Court of the State of New York · 2011
  2. Miller v. NadlerAppellate Division of the Supreme Court of the State of New York · 2009
  3. Nabi v. SellsAppellate Division of the Supreme Court of the State of New York · 2009
  4. Goldenberg v. FriedmanAppellate Division of the Supreme Court of the State of New York · 2021
  5. Matter of KoverAppellate Division of the Supreme Court of the State of New York · 2015

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