Jaffe & Asher, L. L. P. v. Cushing

Order, Supreme Court, New York County (Edward Lehner, J.), entered August 30, 2000, which, in an action to recover a legal fee, denied plaintiff law firm’s motion for summary judgment on its cause of action for account stated, unanimously affirmed, without costs. Default judgment of the same court and Justice, entered March 8, 2000, unanimously reversed, on the law, the facts, and in the exercise of discretion, without costs, and vacated.

The motion was properly denied on the ground that an issue of fact exists as to whether defendant orally objected to plaintiff’s bills (see, Collier, Cohen,…