Riley v. Coughtry

Appeal from an order of the Supreme Court (Reilly, Jr., J.), entered February 5, 2004 in Schenectady County, which denied plaintiffs motion for partial summary judgment.

Plaintiff sued defendant, his attorney in a matrimonial action, pleading three causes of action, breach of contract, legal malpractice and rescission of the arbitration award made in a fee dispute resolution (see 22 NYCRR part 1400). Plaintiff sought partial summary judgment on the third cause of action and appeals from Supreme Court’s denial of this motion.

Plaintiff paid defendant a fee of $2,500. After the judgment of…