We agree with the IAS Court that plaintiff is not entitled to summary judgment on an account stated to recover legal fees. In this case, there was a timely objection to the invoices sued on sufficient to raise issues of fact to require a trial to determine the reasonableness of the fees billed defendant client (see, Dreyer & Traub v Rubinstein, 191 A.D.2d 236). We also find the counterclaim for breach of fiduciary duty raises questions of credibility which are not susceptible to summary disposition.
DERSHOWITZ & EIGER v. HELMSLEY
219 A.D.2d 497 (1995)
631 N.Y.S.2d 318
Dershowitz & Eiger, P. C., Appellant-Respondent, v. Leona Helmsley, Respondent-Appellant Leona Helmsley, Respondent-Appellant, v. Dershowitz & Eiger, P. C., et al., Appellants-Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
September 19, 1995
September 19, 1995
Appellate Division of the Supreme Court of the State of New York, First Department.
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