Lasser v Schonbuch

[*1] Lasser v Schonbuch 2004 NY Slip Op 50274(U) Decided on April 9, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 9, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:PESCE, P.J., PATTERSON and GOLIA, JJ.
NO. 2003-476 RI C

MYRON G. LASSER, P.C., Appellant,

against

STANLEY SCHONBUCH and HELENE SCHONBUCH, Respondents.

Appeal by plaintiff from so much of an order of the Civil Court, Richmond County (E. Vitaliano, J.), entered December 23, 2002, as granted defendants' motion to vacate a judgment entered upon default.

Order unanimously affirmed without costs.

In the case at bar, the court apparently concluded that defendants' failure to timely serve and file the affidavits in opposition to plaintiff's motion for summary judgment was the result of either law office failure, inadvertence or
excusable neglect. In the instant motion, defendants have alleged facts which, if
found to be credible, would constitute a meritorious defense. Moreover, even if
plaintiff were to prevail on its claim for legal services under quantum meruit, it is only entitled, as it concedes, to the reasonable value of the services rendered. The mere submission of an itemized bill delineating the time charged for the services rendered and the hourly rate, is insufficient to establish the reasonable value of the services.

Finally, we note that in vacating the default judgment, the court implicitly denied plaintiff's motion for summary judgment.

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Decision Date: April 09, 2004