Opinion
January 27, 1992
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by deleting the provision thereof awarding the petitioner the principal amount of $2,500 and substituting therefor a provision awarding the petitioner the principal amount of $7,500; as so modified, the judgment is affirmed, with costs payable to the petitioner.
The petitioner, an attorney discharged by his client prior to the termination of a lawsuit, failed to establish his entitlement to compensation on a contingent fee basis (cf., Lai Ling Cheng v Modansky Leasing Co., 73 N.Y.2d 454). However, based on our independent review of the record, we conclude that the amount of counsel fees awarded to the petitioner on a quantum meruit basis of actual work performed was inadequate. We have therefore modified the award to the extent indicated (see, Jordan v Freeman, 40 A.D.2d 656). Thompson, J.P., Sullivan, Harwood and O'Brien, JJ., concur.