SUTTON v. MATHEWS

Index No. 652939/2019. Appeal No. 13796-13796A. Case No. 2020-02803.

194 A.D.3d 503 (2021)

143 N.Y.S.3d 546

2021 NY Slip Op 03008

Steven R. Sutton, Appellant, v. Donette Mathews et al., Respondents, et al., Defendant.

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

Decided May 11, 2021.


Attorney(s) appearing for the Case

Steven R. Sutton, New York, appellant pro se.

Mishiyeva Law, PLLC, New York ( Kamilla Mishiyeva of counsel), for respondents.

Concur—Kern, J.P., González, Scarpulla, Mendez, JJ.


Plaintiff failed to establish prima facie that defendants are liable to him for legal fees pursuant to the retainer agreement. The agreement does not address the present circumstances, in which the property was sold after plaintiff was no longer defendants' counsel. In addition, issues of fact exist as to the circumstances under which plaintiff and defendants parted ways, the extent to which defendant Miles Hamilton, who is among the addressees of the retainer agreement but...

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