Karlsson & Ng, P. C. v. Frank

Appellate Division of the Supreme Court of New York

Karlsson & Ng, P. C. v. Frank

162 A.D.2d 269

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 1990

StatusPublished

Cited by1 cases

This text of 162 A.D.2d 269 (Karlsson & Ng, P. C. v. Frank) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Karlsson & Ng, P. C. v. Frank, 162 A.D.2d 269 (N.Y. Ct. App. 1990).

Pincite

Opinion

Order and judgment, Supreme Court, New York County (Beverly Cohen, J.), entered, respectively, September 1, 1989 and September 7, 1989, which, inter alia, granted the plaintiff law firm’s motion for summary judgment dismissing the defendant’s affirmative defenses and awarding counsel fees pursuant to the retainer agreement in the sum of $12,494.80, plus interest from August 31, 1985, unanimously affirmed, with costs.

The record reveals that the IAS court properly determined that the plaintiff law firm was entitled to the compensation sought for legal services rendered on defendant’s behalf through August 1985, despite defendant’s claim that he had terminated that law firm’s authority to represent him in May 1985.

Specifically, no bona fide issues of fact exist to warrant a reversal of the IAS court’s ruling, since defendant failed to present documentary evidence of a discharge of the plaintiff law firm, or of a settlement of the underlying litigation, or any other event terminating the representation. Moreover, correspondence between the parties indicates an ongoing attorney-client relationship during the period in question. (See, Paulsen v Halpin, 74 AD2d 990; Costello v Bruskin, 58 AD2d 573.) Concur—Sullivan, J. P., Milonas, Rosenberger, Asch and Kassal, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order and judgment, Supreme Court, New York County (Beverly Cohen, J.), entered, respectively, September 1, 1989 and September 7, 1989, which, inter alia, granted the plaintiff law firm’s motion for summary judgment dismissing the defendant’s affirmative defenses and awarding counsel fees pursuant to the retainer agreement in the sum of $12,494.80, plus interest from August 31, 1985, unanimously affirmed, with costs.

The record reveals that the IAS court properly determined that the plaintiff law firm was entitled to the compensation sought for legal services rendered on defendant’s behalf through August 1985, despite defendant’s claim that he had terminated that law firm’s authority to represent him in May 1985.

Specifically, no bona fide issues of fact exist to warrant a reversal of the IAS court’s ruling, since defendant failed to present documentary evidence of a discharge of the plaintiff law firm, or of a settlement of the underlying litigation, or any other event terminating the representation. Moreover, correspondence between the parties indicates an ongoing attorney-client relationship during the period in question. (See, Paulsen v Halpin, 74 AD2d 990; Costello v Bruskin, 58 AD2d 573.) Concur—Sullivan, J. P., Milonas, Rosenberger, Asch and Kassal, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

162 A.D.2d 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karlsson-ng-p-c-v-frank-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack