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VALERIE CUSHION, Plaintiff, v. GYULA NEMES, Defendant. JAN O. BLAU, Appellant, HERMAN KRAMER Respondent.

The IAS court properly granted HK's motion for summary judgment. HK, having been discharged by plaintiff Valerie Cushion "without cause" and before the completion of its services, was entitled to recover the fair and reasonable value of those services rendered by it prior to termination (see, Teichner v. HJ Holsteins, Inc., 64 N.Y.2d 977, 979). Moreover, the court correctly held that the November 13, 1997 letter of appellant successor attorney Blau to HK constituted a binding acknowledgment of HK's $15,900 lien on Cushion's case. Finally, the $2,000 fee paid to Dr. Kaye, an expert witness in plaintiff's medical malpractice case, was not excessive.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CUSHION v. NEMES
(Nov 23, 1999)