Summary
holding that interest runs from the date of discharge, which was the earliest ascertainable date on which the cause of action existed
Summary of this case from Dweck Law Firm, L.L.P. v. MannOpinion
November 26, 1985
Appeal from the Supreme Court, New York County (Martin B. Stecher, J.).
Inasmuch as Special Term awarded judgment based upon the retainer agreement between the parties, plaintiff was entitled to interest thereon as a matter of law. (CPLR 5001 [a]; Delulio v 320-57 Corp., 99 A.D.2d 253.) The statute directs that interest be recovered "upon a sum awarded because of a breach of performance of a contract, or because of an act or omission depriving or otherwise interfering with title to, or possession or enjoyment of, property". As a result, an award of interest would be mandated in an action by an attorney to recover under a retainer agreement or in quantum meruit for the reasonable value of the legal services rendered. (See, Govern McDowell v McDowell Walker, 75 A.D.2d 979; Brent v Keesler, 32 A.D.2d 804.) As applied here, plaintiff's action sounded in breach of contract with the recovery being based upon the contingent fee established in the agreement, reduced by the amount paid to counsel when he was retained. Accordingly, the plaintiff, as the prevailing party, was entitled to interest as of right, which shall be computed from November 21, 1979, the date counsel was discharged, the earliest ascertainable date the cause of action existed.
We have examined the other points raised on the appeals and find them lacking in merit.
Concur — Sandler, J.P., Sullivan, Ross, Kassal and Ellerin, JJ.