Fischbarg v. Doucet
New York Court of Appeals
9 N.Y.3d 375, 849 N.Y.S.2d 501, 880 N.E.2d 22
- Written by Steven Pacht, JD
Facts
Suzanne Bell-Doucet was the president of Only New Age Music, Inc. (ONAM) (collectively, defendants). Bell-Doucet resided in California, and ONAM was a California corporation. In February 2001, Bell-Doucet and ONAM contacted Gabriel Fischbarg, a lawyer based in New York, about representing them in connection with an anticipated lawsuit in Oregon. According to Fischbarg, Bell-Doucet and ONAM retained him over the phone while Fischbarg was in New York. Over the next nine months, Fischbarg represented Bell-Doucet and ONAM. During that period, Bell-Doucet and ONAM communicated with Fischbarg by phone at least two times per week and sent 31 emails to Fischbarg. Bell-Doucet and ONAM also sent numerous documents to Fischbarg by email, postal mail, or fax. In January 2002, Bell-Doucet and ONAM accepted Fischbarg’s resignation as their attorney after the parties had a dispute about Fischbarg’s retainer agreement. In January 2005, Bell-Doucet and ONAM settled the Oregon litigation. Later that month, Fischbarg sued Bell-Doucet and ONAM in New York state court, seeking the payment of legal fees. Fischbarg alleged that Bell-Doucet and ONAM breached their retainer agreement with him and would be unjustly enriched if they did not pay him. Bell-Doucet and ONAM moved to dismiss the complaint on the ground that they were not subject to personal jurisdiction in New York. The supreme court denied Bell-Doucet and ONAM’s motion. The appellate division affirmed by a three to two vote and granted Bell-Doucet and ONAM leave to appeal.
Rule of Law
Issue
Holding and Reasoning (Ciparick, J.)
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