Wagner Davis P.C. v. Gargano

Order, Supreme Court, New York County (George J. Silver, J.), entered August 20, 2013, which granted plaintiffs motion for summary judgment and ordered a hearing to determine the amount of attorney’s fees to which plaintiff is entitled, unanimously affirmed, without costs.

In this action for unpaid legal fees, defendants asserted a counterclaim for legal malpractice alleging that they would have prevailed on a motion for a preliminary injunction in the underlying action commenced by defendants against their neighbors over a retaining wall between their properties, if it had been made earlier…