BOIES, SCHILLER & FLEXNER LLP, plf-ap, v. SHELBY MODELL, def-res

15441. BOIES, SCHILLER & FLEXNER LLP, plf-ap, v. SHELBY MODELL, def-res — Boies, Schiller & Flexner LLP, New York (David Ata of counsel), for ap — Davidoff Hutcher & Citron LLP, New York (Joshua Krakowsky of counsel), for res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered March 10, 2014, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summary judgment on its account stated claim and to dismiss defendant's counterclaim for breach of contract and her affirmative defenses, unanimously modified, on the law, to grant the motion for summary judgment on the account stated claim in the amount of $30,525, and to dismiss the breach of contract counterclaim, and otherwise affirmed, without costs.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

15441. BOIES, SCHILLER & FLEXNER LLP, plf-ap, v. SHELBY MODELL, def-res — Boies, Schiller & Flexner LLP, New York (David Ata of counsel), for ap — Davidoff Hutcher & Citron LLP, New York (Joshua Krakowsky of counsel), for res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered March 10, 2014, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion for summary judgment on its account stated claim and to dismiss defendant’s counterclaim for breach of contract and her affirmative defenses, unanimously modified, on the law, to grant the motion for summary judgment on the account stated claim in the amount of $30,525, and to dismiss the breach of contract counterclaim, and otherwise affirmed, without costs.

Plaintiff established prima facie that it entered into a retainer agreement with defendant and sent her regular invoices pursuant thereto, and that, after plaintiff withdrew from representation, defendant paid more than $400,000 towards those bills, with a promise to pay the remainder in exchange for plaintiff’s agreement to represent her a second time in the same or related matters (Morrison Cohen Singer & Weinstein, LLP v. Waters, 13 AD3d 51 [1st Dept 2004]; Levisohn, Lerner, Berger & Langsam v. Gottlieb, 309 AD2d 668 [1st Dept 2003], lv denied 1 NY3d 509 [2004]). Accordingly, plaintiff is entitled to summary judgment on its account stated claim for the outstanding amount of $30,525 for bills dated July 31, 2012, August 20, 2012, and September 20, 2012, in connection with the first representation.

BOIES, SCHILLER & FLEXNER LLP, plf-ap, v. SHELBY MODELL, def-res

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal