BELAIR & EVANS LLP v. RIZZO

Index No. 654131/15. Appeal No. 16848. Case No. 2021-02792.

211 A.D.3d 454 (2022)

177 N.Y.S.3d 886

2022 NY Slip Op 06986

Belair & Evans LLP, Respondent, v. Peter Foley Rizzo, M.D., Appellant.

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

Decided December 8, 2022.


Attorney(s) appearing for the Case

Brown Rudnick LLP, New York ( John G. Doyle of counsel), for appellant.

Furman Kornfeld & Brennan LLP, New York ( Aaron M. Barham of counsel) for respondent.

Concur—Kern, J.P., Gesmer, Kennedy, Scarpulla, Rodriguez, JJ.


Order, Supreme Court, New York County (Frank P. Nervo, J.) entered July 12, 2021, which, to the extent appealed from, granted the court's sua sponte motion to dismiss defendant's counterclaims, unanimously modified, on the law, to reinstate the remaining counterclaims other than legal malpractice, and otherwise affirmed, without costs.

Plaintiff brought this action to recover unpaid legal fees incurred while defending defendant against an investigation and prosecution...

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