Bernini v. Zylka

Order, Supreme Court, New York County, entered July 23, 1975 denying defendant’s motion for summary judgment and granting plaintiffs cross motion to amend the complaint is unanimously modified, on the law and in the exercise of discretion, without costs and without disbursements, so as to strike the allegations of agreed value from the complaint and to deny plaintiffs cross motion to amend the complaint, and as so modified affirmed. The reasonable value of an attorney’s services almost always presents a triable issue of fact, and it does in this case. Defendant has failed to establish that…