Mintz & Fraade, P. C. v. Fogel

—Order, Supreme Court, New York County (Carol Arber, J.), entered January 14, 1994, which granted defendant Mill Rock Owners Corp.’s motion to dismiss the complaint as against it for failure to state a cause of action, and for sanctions pursuant to 22 NYCRR part 130, unanimously affirmed, with costs.

On appeal, plaintiff law firm contends that on principles of agency, defendant Mill Rock should be held accountable for the payment of plaintiff’s fee allegedly due from its former client, defendant 94th Street Garage Corp. It is alleged that the failure of Mill Rock’s attorney, defendant Berkow,…