BERNINI v. ZYLKA


51 A.D.2d 689 (1976)

Giorgio Bernini, Respondent, v. William J. Zylka, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 2, 1976


The reasonable value of an attorney's services almost always presents a triable issue of fact, and it does in this case. Defendant has failed to establish that there is no issue of fact as to whether there was an account stated. Special Term did not abuse its discretion in leaving questions of Italian law for the Trial Judge who will presumably have the benefit of oral testimony from Italian law experts. (CPLR 4511, subd [c].) However, it is undisputed that the amount sued...

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