Gotlib v Hee Nam Bae

[*1] Gotlib v Hee Nam Bae 2007 NY Slip Op 50257(U) [14 Misc 3d 137(A)] Decided on February 16, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 16, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ
570454/06.

Kerry Gotlib, Plaintiff-Appellant,

against

Hee Nam Bae, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.) entered March 2, 2006, which granted defendant's motion to vacate his default and denied plaintiff's cross motion for partial summary judgment.

PER CURIAM

Order (Joan M. Kenney, J.), entered March 2, 2006, modified to grant partial summary judgment to plaintiff in the principal amount of $13,396.17, and, as so modified, affirmed, without costs.

In view of the parties' written retainer agreement, which contains an unequivocal acknowledgment that defendant owed plaintiff $13,396.17 in legal fees, plaintiff's motion for partial summary judgment should have been granted. We note that plaintiff does not now challenge the vacatur of defendant's default.

This constitutes the decision and order of this court.

Decision Date: February 16, 2007