Opinion
February 4, 1999
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
No matter the form the parties' relationship assumed, it remained at all times that of attorney-client, a relationship based upon plaintiffs performance of legal services in exchange for an interest initially in defendants' inventions, and then in the corporation, and later the trusts, set up to exploit those inventions. The record supports the trial court's findings that neither the initial arrangement nor its subsequent incarnations were entered into upon adequate disclosure to defendants of other possible fee arrangements and potential conflicts of interest, or with the aid of independent counsel retained for the purpose of safeguarding defendants' interests. Rescission of the parties' arrangements ab initio, with payment to plaintiff in quantum meruit for his services, is an equitable result ( see, Howard v. Murray, 43 N.Y.2d 417, 421; Matter of Cooperman, 83 N.Y.2d 465, 473; Schlanger v. Flaton, 218 A.D.2d 597, lv denied 87 N.Y.2d 812). We have considered the parties' other contentions and find that they do not warrant disturbing the judgment.
Concur — Lerner, J. P., Rubin, Mazzarelli and Andrias, JJ.