Matter of Best Payphones, Inc. v. Guzov Ofsink, LLC

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered October 2, 2014, which denied plaintiff’s motion to compel the deposition of defendant’s principal, Debra Guzov, unanimously reversed, on the law, without costs, and the motion granted.

This action arises from an alleged breach of a retainer agreement entered into by plaintiff client and defendant law firm whereby the law firm agreed to provide legal services in connection with an appeal of a bankruptcy order. After one month of work, the law firm withdrew as counsel and refused to refund the flat fee of $32,000, claiming…