Holmes v. Y.J.A. Realty Corp.

128 A.D.2d 482, 513 N.Y.S.2d 415 (1987)

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Nature of the Case

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Facts

Holmes brought this action to recover damages for personal injuries sustained when she slipped and fell on a defective step at an apartment building owned by Ds. Defendant Y.J.A. Realty Corp. (D.) is the landlord of the premises and Yori Abrahams (D) is the sole shareholder, officer, and director of the corporation. Ds independently retained P to undertake their defense. A written retainer agreement was executed by Abrahams (D) on behalf of himself and Y.J.A. P's legal fees would be billed periodically at the rate of $125 per hour for law office activity and $400 per day for each court appearance. P's bill dated October 16, 1985, showed a balance due from these clients of $2,275.30 after crediting a payment on account of $3,500. Ds not only refused to make any payment (despite their financial ability to do so) but also Abrahams (D) had verbally berated and abused P with accusations of disloyalty and conflict of interest. Special Term held that once representation of a client in litigation has commenced, counsel's right to withdraw is not absolute. It denied the application and P appealed.