New York Supreme and/or Appellate Courts Appellate Division, First Department
February 23, 2012
HERZFELD & RUBIN, P.C.,
KSHEL REALTY CORP.,
Herzfeld & Rubin, P.C. v Kshel Realty Corp.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on February 23, 2012
Tom J.P., Friedman, Sweeny, Moskowitz, DeGrasse, JJ.
Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered March 18, 2011, awarding plaintiff the principal amount of $92,507.20, unanimously affirmed, without costs.
Supreme Court, having determined that plaintiff overbilled for its legal services, properly awarded an appropriate fee based on the services rendered. Such award is not a matter of quantum meruit but is based on the parties' retainer agreement.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 23, 2012
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