Trataros Construction, Inc. v. Rieck — 270 A.D.2d 104

Majority

p. 104

Trataros Construction, Inc., Respondent, v John J. Rieck, Jr., Appellant.

[704 NYS2d 470]

—Order, Supreme Court,

p. 105

New York County (Louise Gruner Gans, J.), entered on or about September 23, 1998, which, in a proceeding for the recovery of the allegedly unearned portion of a retainer for legal services, inter alia, referred the issue of the value of respondent’s legal fees to a Special Referee to hear and report with recommendations, unanimously affirmed, with costs.

The IAS Court properly submitted the parties’ fee dispute to a Special Referee in light of respondent attorney’s claim that he “fully earned” a $150,000 fee while retained as petitioner’s defense counsel for approximately six weeks during the initial stages of a Federal criminal prosecution (see, Matter of Cox v Scott, 10 AD2d 32 , 34; see also, New York State Crime Victims Bd. v Abbott, 212 AD2d 22 , 28-29). Respondent’s due process rights will be adequately protected in the instant special proceeding since he will be afforded the opportunity to present testimony and/or affidavits in support of his claim to the entire $150,000 retainer (see, Matter of Greenwald v Scheinman, 94 AD2d 842 , 843, lv denied 60 NY2d 551 ). Concur — Nardelli, J. P., Williams, Tom, Lerner and Rubin, JJ.

Cases cited

Cox v. Scott 10 AD2d 32 N.Y. App. Div. 1960-02-23 at 34 p. 105
New York State Crime Victims Board v. Abbott 212 AD2d 22 N.Y. App. Div. 1995-06-01 at 28-29 p. 105