SILVIA RODRIGUEZ, Plaintiffres-ap, v. JACOBY & MEYERS, LLP Defendants-Appellants-res, ADAM BURNS def

14610. SILVIA RODRIGUEZ, Plaintiffres-ap, v. JACOBY & MEYERS, LLP Defendants-Appellants-res, ADAM BURNS def — [AND A THIRD-PARTY ACTION] Hinshaw & Culbertson LLP, New York (Richard Supple of counsel), for appellants-res — The law Offices of Steven E. Armstrong PLLC, New York (Steven E. Armstrong of counsel), for res-res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered July 14, 2014, which, insofar as appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing the cause of action alleging a violation of Judiciary Law §487 and the cause of action for breach of fiduciary duty based on allegations of conflict of interest and the filing of an improper retaining lien, and denied the motion as to the cause of action for fraud and for breach of fiduciary duty based on allegations of over-billing, unanimously affirmed, without costs.

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14610. SILVIA RODRIGUEZ, Plaintiffres-ap, v. JACOBY & MEYERS, LLP Defendants-Appellants-res, ADAM BURNS def — [AND A THIRD-PARTY ACTION] Hinshaw & Culbertson LLP, New York (Richard Supple of counsel), for appellants-res — The law Offices of Steven E. Armstrong PLLC, New York (Steven E. Armstrong of counsel), for res-res — Order, Supreme Court, New York County (Barbara Jaffe, J.), entered July 14, 2014, which, insofar as appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the cause of action alleging a violation of Judiciary Law §487 and the cause of action for breach of fiduciary duty based on allegations of conflict of interest and the filing of an improper retaining lien, and denied the motion as to the cause of action for fraud and for breach of fiduciary duty based on allegations of over-billing, unanimously affirmed, without costs.

As to the cause of action for breach of fiduciary duty based on over-billing, the record does not permit a finding as a matter of law as to whether the expenses billed by defendants Total Trial Solutions, LLC (TTS) and Cinetrial Solutions, LLC (CTS), providers of litigation support services, were authorized and were reasonable, since issues of fact exist whether defendant Jacoby & Meyers’s guidelines for the provision of litigation support services were followed and whether TTS and CTS provided services in excess of what had been deemed necessary.

SILVIA RODRIGUEZ, Plaintiffres-ap, v. JACOBY & MEYERS, LLP Defendants-Appellants-res, ADAM BURNS def

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