Epstein Reiss & Goodman v. Greenfield

Fein and Alexander, JJ., dissent in a memorandum by Alexander, J., as follows:

The order of the Appellate Term should be reversed and Special Term’s grant of partial summary judgment reinstated. 1 None of the “issues of fact” cited by the majority are raised by the respondent either in his opposition to the motion for summary judgment or on this appeal. Indeed, respondent has never denied that legal services were performed at his special instance and request; rather his carefully worded affidavit merely argues that “plaintiff was only entitled to $500.00, although paid $1,500.00”. Such an…