Herzfeld & Rubin, P.C. v Kshel Realty Corp.

Herzfeld & Rubin, P.C. v Kshel Realty Corp. 2012 NY Slip Op 01367 Decided on February 23, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 23, 2012
Tom J.P., Friedman, Sweeny, Moskowitz, DeGrasse, JJ.
6897 104005/09

[*1]Herzfeld & Rubin, P.C., Plaintiff-Respondent,

v

Kshel Realty Corp., Defendant-Appellant.




Howard R. Birnbach, Great Neck, for appellant.
Herzfeld & Rubin, P.C., New York (Herbert Rubin of counsel),
for respondent.

Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered March 18, 2011, awarding plaintiff the principal amount of $92,507.20, unanimously affirmed, without costs.

Supreme Court, having determined that plaintiff overbilled for its legal services, properly awarded an appropriate fee based on the services rendered. Such award is not a matter of quantum meruit but is based on the parties' retainer agreement.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 23, 2012

CLERK