| Reisman, Peirez & Reisman v Haralampoudis |
| 2004 NY Slip Op 50560(U) |
| Decided on June 3, 2004 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal by plaintiff from an order of the Civil Court, Queens County (A. Gazzara, J.), entered February 24, 2003, which denied its motion for summary judgment on its cause of action for an account stated.
Order unanimously affirmed without costs.
Plaintiff commenced this action to recover legal fees. The Civil Court denied plaintiff's motion for summary judgment on its account stated cause of action. Inasmuch as the parties disagree as to whether defendant Demetrios Haralampoudis a/k/a Jim Haralampoudis is liable for the legal fees incurred for plaintiff's representation of James Haralampoudis in an underlying action, there is an issue of fact as to who is liable for said fees. In addition, since courts possess the authority to supervise the charging of fees for legal services (see Collier, Cohen, Cyrstal & Bock v MacNamara, 237 AD2d 152 [1997]), based upon our review of the record, we find there is an issue of fact as to the reasonableness of the legal fees plaintiff is seeking to collect. Accordingly, plaintiff's motion for summary judgment was properly denied.
Decision Date: June 03, 2004