EHRLICH v. REBCO INSURANCE EXCHANGE, LTD

Issues of fact exist whether the contract in issue was a "general retainer" and whether plaintiff changed his position as a result of entering into it. Resolution of either issue in plaintiff's favor would exempt him from the general rule limiting attorneys to recovery in quantum meruit, allowing enforcement of the contract, including its liquidated damages clause (Greenberg v Remick Co., 230 N.Y. 70).

Concur — Rosenberger, J.P., Wallach, Kupferman, Asch and Kassal, JJ.