Lewis & Merritt, L. L. P. v. Smith

OPINION OF THE COURT

Thomas P. Phelan, J.

Plaintiff’s application for (1) summary judgment pursuant to *193CPLR 3212 against defendant Patrick W. Smith, Jr. and (2) for a default judgment pursuant to CPLR 3215 against Michael G. Smith is denied.

Cross motion by defendant, Patrick W. Smith, Jr., which in part seeks dismissal of plaintiff’s complaint for failure to comply with section 136.5 of the Rules of the Chief Administrator of the Courts (22 NYCRR) is granted.

Section 136.5 in pertinent part provides that when a client and attorney cannot agree as to the attorney’s fee, counsel must advise client…