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GOLDSTON v. BANDWIDTH TECHNOLOGY CORP.

30 A.D.3d 280 (2006)

817 N.Y.S.2d 265

ALAN M. GOLDSTON, as Assignee of GOLDSTON & SCHWAB, LLP, Respondent-Appellant, v. BANDWIDTH TECHNOLOGY CORP., et al., Appellants-Respondents.

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

June 20, 2006.

Among the numerous issues of fact precluding summary judgment are whether the contract was a "general retainer" (Atkins & O'Brien v ISS Intl. Serv. Sys., 252 A.D.2d 446, 448 [1998]; cf. Matter of Cooperman, 83 N.Y.2d 465, 476 [1994]) and thus exempt from the rule limiting attorneys to recovery in quantum meruit (Greenberg v Remick & Co., 230 N.Y. 70 [1920]; Ehrlich v Rebco...

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