O'CONNOR v. BLODNICK, ABRAMOWITZ AND BLODNICK


295 A.D.2d 586 (2002)

744 N.Y.S.2d 205

BRIAN W. O'CONNOR, Appellant, v. BLODNICK, ABRAMOWITZ AND BLODNICK et al., Respondents.

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

Decided June 24, 2002.


Ordered that the judgment is reversed insofar as appealed from, on the law, and the plaintiff is granted a new trial on the third cause of action sounding in breach of contract limited to the issue of whether the fees paid to the defendants were fair and reasonable, with costs to abide the event.

At issue is whether the trial court properly dismissed the third cause of action sounding in breach of contract. At his examination before trial, which was admitted in evidence...

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