Brauner Baron Rosenzweig & Klein, LLP v Samuel Roth

Brauner Baron Rosenzweig & Klein, LLP v Roth 2006 NY Slip Op 00030 [25 AD3d 333] January 3, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 22, 2006

Brauner Baron Rosenzweig & Klein, LLP, Appellant,
v
Samuel Roth, Respondent.

—[*1]

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered April 22, 2005, which denied plaintiff's motion for partial summary judgment on its cause of action for an account stated, unanimously affirmed, without costs.

The record discloses factual issues as to whether there was any underlying relationship between the parties pursuant to which defendant was obligated to pay the legal fees at issue. We note that no written retainer or fee agreement was submitted by plaintiff and it appears that most of the services for which payment is sought by plaintiff were rendered on behalf of a client other than defendant (see Leboeuf, Lamb, Greene & MacRae, L.L.P. v Worsham, 185 F3d 61 [1999]; Cadwalader, Wickersham & Taft v Klear, 303 AD2d 204 [2003]). Concur—Tom, J.P., Andrias, Gonzalez and Sweeny, JJ.