From Casetext: Smarter Legal Research

Dershowitz Eiger v. Helmsley

Appellate Division of the Supreme Court of New York, First Department
Sep 19, 1995
219 A.D.2d 497 (N.Y. App. Div. 1995)

Opinion

September 19, 1995

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).


We agree with the IAS Court that plaintiff is not entitled to summary judgment on an account stated to recover legal fees. In this case, there was a timely objection to the invoices sued on sufficient to raise issues of fact to require a trial to determine the reasonableness of the fees billed defendant client ( see, Dreyer Traub v Rubinstein, 191 A.D.2d 236). We also find the counterclaim for breach of fiduciary duty raises questions of credibility which are not susceptible to summary disposition.

Concur — Murphy, P.J., Rosenberger, Williams and Mazzarelli, JJ.


Summaries of

Dershowitz Eiger v. Helmsley

Appellate Division of the Supreme Court of New York, First Department
Sep 19, 1995
219 A.D.2d 497 (N.Y. App. Div. 1995)
Case details for

Dershowitz Eiger v. Helmsley

Case Details

Full title:DERSHOWITZ EIGER, P.C., Appellant-Respondent, v. LEONA HELMSLEY…

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

Date published: Sep 19, 1995

Citations

219 A.D.2d 497 (N.Y. App. Div. 1995)
631 N.Y.S.2d 318

Citing Cases

Widewaters Herkimer Co. v. Aiello

As the court noted in its decision, defendants raised triable issues of fact concerning the propriety of the…

S S Mach. v. Mfrs. Hanover

The court reasoned that where a bank acts "in a commercially reasonable fashion and in good faith" it should…