LACHER & LOVELL-TAYLOR v. CHOWAIKI

15733, 652163/11, 653237/11.

131 A.D.3d 898 (2015)

16 N.Y.S.3d 729

2015 NY Slip Op 06986

LACHER & LOVELL-TAYLOR, Appellant, v. EZRA CHOWAIKI, et al., Respondents. CHOWAIKI & CO. FINE ART, LTD., et al., Respondents, v. MICHAEL A. LACHER, Appellant.

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

Decided September 29, 2015.


The record establishes that Ezra Chowaiki timely objected in writing to Lacher & Lovell-Taylor's last invoice for $358,924.70 in legal fees, which remains unpaid. Based on the parties' conflicting affidavits, material issues of fact preclude summary judgment as to the respondents' liability for the unpaid fees (Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]).

Issues of fact also preclude summary judgment as to...

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