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ABRAMSON v. HERTZ

19 A.D.3d 305 (2005)

798 N.Y.S.2d 20

DAVID S. ABRAMSON, Appellant, v. SHELDON HERTZ et al., Respondents.

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

June 23, 2005.

Plaintiff failed to adduce evidence sufficient to make out a prima facie entitlement to the attorneys' fees sought on either a breach of contract or an account stated theory. The invoices submitted by plaintiff for the first time in his reply papers were properly disregarded by the motion court (see Lumbermens Mut. Cas. Co. v Morse Shoe Co., 218 A.D.2d 624, 625-626 [1995]).

Inasmuch as the record provides no clear indication...

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