LELEKAKIS v. KAMAMIS

ORDERED that the order is affirmed, with costs.

Under New York law, a client may discharge an attorney at any time, with or without cause ( see Lai Ling Cheng v. Modansky Leasing Co., 73 N.Y.2d 454, 457; Matter of Montgomery, 272 N.Y. 323, 326). However, "[a]n attorney who is discharged without cause possesses a common-law retaining lien on the client's file in his or her possession, which secures the attorney's right to the reasonable value of the services performed" ( see Eighteen Assoc. v. Nanjim Leasing Corp., 297 A.D.2d 358, 359). Contrary to the plaintiff's contention, he had no cause to discharge his former attorney. Therefore, the Supreme Court properly, in effect, denied his motion to compel the former attorney to relinquish its files with respect to this litigation, and directed that the file should be relinquished to the plaintiff's new attorney only upon payment of fees and disbursements due to the former attorney.

The plaintiff's remaining contention is without merit.

S. MILLER, J.P., SCHMIDT, RIVERA and SPOLZINO, JJ., concur.