Carvajal v. Apfelbaum

HENDRY, Judge.

Defendant appeals from a summary judgment granted plaintiffs.

Plaintiffs-lawyers brought suit against their client, another lawyer, seeking to recover their fee. Subsequent to the filing of the complaint plaintiffs moved for a summary judgment with affidavits annexed. Defendant submitted an affidavit in opposition and an answer to the complaint wherein he admitted he retained plaintiffs, but that he had paid them the agreed upon fee. He denied plaintiffs’ allegation, in their affidavit in support of the motion for summary judgment, that the amount paid by defendant represented a…