Kellar v. Carney

— Appeal from an order of the Supreme Court at Special Term (Conway, J.), entered September 24,1981 in Ulster County, which denied plaintiff’s motion for summary judgment. Plaintiff is an attorney at law, and in August of 1978 he was retained by defendants to try a tax certiorari case against the Town and Village of Catskill, New York. After this case was subsequently dismissed at a trial wherein the entire testimony of defendants’ appraiser was struck from the record as hearsay, plaintiff submitted an itemized bill to defendants in late September of 1979 which they neglected to pay. As a…