Supreme Ct. Reporters, Inc. v Sirlin

[*1] Supreme Ct. Reporters, Inc. v Sirlin 2005 NY Slip Op 52099(U) [10 Misc 3d 134(A)] Decided on December 2, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 2, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.
2005-240 N C

Supreme Court Reporters, Inc., Appellant,

against

Alan Sirlin, ESQ., Respondent.

Appeal from an order of the District Court of Nassau County, First District (Francis D. Ricigliano, J.), dated July 21, 2004. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for, inter alia, summary judgment.

Order unanimously affirmed without costs.

In this action to recover for court reporting services rendered, defendant moved for summary judgment. Where an attorney contracts for court reporting services, he does so as an agent for a disclosed principal, his client, and thus cannot be held liable for said services where he did not undertake to assume such liability (see Sullivan v Greene & Zinner, 283 AD2d 420 [2001]; Urban Ct. Reporting v Davis, 158 AD2d 401 [1990]; Karen Schmeider d/b/a Schmeider Assocs. v Biersack, NYLJ, Oct. 17, 2003 [App Term, 9th & 10th Jud Dists]). Since plaintiff failed to establish that an issue of fact exists as to whether the defendant assumed responsibility for the cost of plaintiff's services, the lower court properly granted defendant's motion for summary judgment dismissing the complaint.
Decision Date: December 02, 2005