Herzfeld & Rubin, P.C. v Kshel Realty Corp. (2012 NY Slip Op 01367)

Herzfeld & Rubin, P.C. v Kshel Realty Corp.

2012 NY Slip Op 01367 [92 AD3d 590]

February 23, 2012

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 28, 2012

Herzfeld & Rubin, P.C., Respondent,
v
Kshel Realty Corp., Appellant.

—[*1] Howard R. Birnbach, Great Neck, for appellant.

Herzfeld & Rubin, P.C., New York (Herbert Rubin of counsel), for respondent.

Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered March 18, 2011, awarding plaintiff the principal amount of $92,507.20, unanimously affirmed, without costs.

Supreme Court, having determined that plaintiff overbilled for its legal services, properly awarded an appropriate fee based on the services rendered. Such award is not a matter of quantum meruit but is based on the parties' retainer agreement. Concur—Tom J.P., Friedman, Sweeny, Moskowitz and DeGrasse, JJ.