Herrick v. Lyon

In an action to recover legal fees, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Segal, J.), dated March 18, 2003, as denied that branch of her motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) on the ground that she did not receive notice of her right to elect to resolve a fee dispute by arbitration.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) on the ground that the appellant…