Salans v Lepore

[*1] Salans v Lepore 2005 NYSlipOp 50769(U) Decided on May 25, 2005 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 25, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.
570394/03

Salans, Plaintiff-Appellant,

against

Adeline Lepore, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court, New York County, entered March 11, 2004 (Eileen A. Rakower, J.) which denied its motion for partial summary judgment on its cause of action for an account stated and for dismissal of defendant's counterclaim.

PER CURIAM:

Order entered March 11, 2004 (Eileen A. Rakower, J.) affirmed, with $10 costs.

The court properly denied the plaintiff law firm's motion for summary judgment on its cause of action for an account stated. Triable issues exist as to whether a portion of the legal fees reflected on the single billing statement relied upon by plaintiff were authorized (see Cadwalader, Wickersham & Taft v Klear, 303 AD2d 204 [2003]) and as to whether defendant attempted to contact plaintiff to protest the bill (see Kaye, Scholer, Fierman, Hays & Handler, L.L.P. v L.B. Russell Chem., 246 AD2d 479 [1998]). Nor is the defendant's legal malpractice counterclaim susceptible to summary dismissal pursuant to CPLR 3211(a)(1) on the basis of documentary evidence.

This constitutes the decision and order of the court. [*2]
I concur I concurI concur
Decision Date: May 25, 2005