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DAVID J. GOLD, P.C., plf-res, v. R.K.E. LLC, RICHARD ENTE AND KERRI ENTE, def-app

16-149. DAVID J. GOLD, P.C., plf-res, v. R.K.E. LLC, RICHARD ENTE AND KERRI ENTE, def-app — Order (Debra Rose Samuels, J.), dated January 6, 2016, affirmed, with $10 costs.

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16-149. DAVID J. GOLD, P.C., plf-res, v. R.K.E. LLC, RICHARD ENTE AND KERRI ENTE, def-app — Order (Debra Rose Samuels, J.), dated January 6, 2016, affirmed, with $10 costs.

The motion court correctly concluded that the retainer agreement proffered by defendants in support of their CPLR 3211(a)(1) and (7) motion to dismiss does not conclusively establish a defense to plaintiff law firm’s action to recover for legal services rendered (see Leon v. Martinez, 84 NY2d 83, 87-88 [1994]). The aspects of the retainer agreement that allegedly rendered it noncompliant with 22 NYCRR 1215.1 do not, as a matter of law, bar plaintiff from recovering legal fees for services rendered (see Seth Rubenstein, P.C. v. Ganea, 41 AD3d 54, 62-64 [2007]).

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