Holzberg v. Liebman

Appellate Division of the Supreme Court of New York

Holzberg v. Liebman

205 A.D.2d 321, 614 N.Y.S.2d 123, 1994 N.Y. App. Div. LEXIS 6023

Appellate Division of the Supreme Court of the State of New York·Decided June 7, 1994·Published

Opinion

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered April 15, 1993, [322]*322which denied plaintiffs motion for summary judgment, unanimously affirmed, with costs.

The IAS Court properly denied summary judgment to plaintiff with respect to his claim for legal fees since there are questions of fact as to the scope of the retainer agreement, its application to an appeal for which defendant paid other counsel, and the amount of work actually done by plaintiff with respect to that appeal (see, Shaw v Manufacturers Hanover Trust Co., 68 NY2d 172), as well as the serious counterclaims raised. Concur—Murphy, P. J., Carro, Rubin and Williams, JJ.

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Order, Supreme Court, New York County (Alice Schlesinger, J.), entered April 15, 1993, [322]*322which denied plaintiffs motion for summary judgment, unanimously affirmed, with costs.

The IAS Court properly denied summary judgment to plaintiff with respect to his claim for legal fees since there are questions of fact as to the scope of the retainer agreement, its application to an appeal for which defendant paid other counsel, and the amount of work actually done by plaintiff with respect to that appeal (see, Shaw v Manufacturers Hanover Trust Co., 68 NY2d 172), as well as the serious counterclaims raised. Concur—Murphy, P. J., Carro, Rubin and Williams, JJ.

Holzberg v. Liebman, 205 A.D.2d 321, 614 N.Y.S.2d 123, 1994 N.Y. App. Div. LEXIS 6023 (N.Y. Ct. App. 1994).

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205 A.D.2d 321 (Holzberg v. Liebman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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