LEVITT v. BROOKS

9040.

102 A.D.3d 547 (2013)

958 N.Y.S.2d 147

2013 NY Slip Op 284

RICHARD WARE LEVITT Doing Business as LEVITT & KAIZER, ATTORNEYS AT LAW, a New York Partnership, Respondent, v. JEFFREY BROOKS, Appellant.

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

Decided January 22, 2013.


Plaintiff made a prima facie showing of his entitlement to judgment as a matter of law with evidence that defendant, who signed an agreement to be jointly and severally liable for his brother's legal fees, failed to pay the outstanding legal fees to plaintiff. In opposition, defendant failed to raise a triable issue of fact. The motion court properly rejected defendant's claim that the agreement was procured under duress. Plaintiff's "threat" to cease representing defendant...

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