Law Offs. of Thomas F. Liotti v Felix

[*1] Law Offs. of Thomas F. Liotti v Felix 2014 NY Slip Op 51302(U) Decided on August 12, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 12, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., TOLBERT and GARGUILO, JJ.
2013-683 N C

The Law Offices of Thomas F. Liotti and THOMAS F. LIOTTI, ESQ., Appellants, —

against

Rufina Felix, Respondent.

Appeal from an order of the District Court of Nassau County, First District (Michael A. Ciaffa, J.), dated February 13, 2013. The order, insofar as appealed from, denied plaintiffs' motion for summary judgment.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action by plaintiffs to recover costs and disbursements incurred in connection with legal services rendered, plaintiffs moved for summary judgment. By order dated February 13, 2013, the District Court, among other things, denied plaintiffs' motion.

The written fee agreement upon which plaintiffs' cause of action is based provided that the Law Offices of Thomas F. Liotti were retained to represent Donald Felix. The agreement was signed "Rufina Felix" above the printed words "Rufina Felix for Donald Felix." Throughout her correspondence with plaintiffs, and in her affidavit in opposition to plaintiffs' motion, defendant asserted that she was acting as agent for Donald Felix. This assertion was confirmed in the affidavit submitted by Donald Felix. Consequently, a question of fact exists and, thus, the District Court properly denied plaintiffs' motion for summary judgment.

Accordingly, the order, insofar as appealed from, is affirmed.

Iannacci, J.P., Tolbert and Garguilo, JJ., concur.

Decision Date: August 12, 2014