Legal Opinion
Kessler v. Surgent
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 2016No. 1067 652156/12PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Joan A. Madden, J.), entered January 30, 2015, which, in an action seeking to recover attorneys’ fees and expenses, denied plaintiff’s motion for summary judgment, unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment in favor of plaintiff for the full amount of the invoices.
Plaintiff satisfied the requirements of CPLR 3016 (f) by setting forth a fully itemized list of unpaid charges. It was therefore incumbent on defendant to deny each specifically in her answer (see O’Callaghan v Republic W. Ins.…
2Cases cited5 opinions
- Schron v. Troutman Sanders LLPNew York Court of Appeals · 2013
- Shaw v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1986
- Joseph P. Day Realty Corp. v. Jeffrey Lawrence Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Green v. Harris Beach & WilcoxAppellate Division of the Supreme Court of the State of New York · 1994
- O'Callaghan v. Republic Western InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by2 opinions
- Cohen Bros. Realty Corp. v. MapesAppellate Division of the Supreme Court of the State of New York · 2020
- Schlam Stone & Dolan LLP v. Harsh Imports, Inc.New York Supreme Court, New York County · 2025