Plaintiff Jaffe, Ross & Light, LLP appearing pro se
Defendant Jon A. Lefkowitz, Esq.
Cynthia S. Kern, J.
Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion for:
Notice of Motion and Affidavits Annexed. 1
Answering Affidavits 2
Cross-Motion and Affidavits Annexed... 3
Answering Affidavits to Cross-Motion... 4
Replying Affidavits 5
Plaintiff commenced the instant action to recover allegedly outstanding legal fees in connection with its representation of defendant in two separate lawsuits. Plaintiff now moves for an order pursuant to CPLR § 3212 and § 3016(f) granting summary judgment on the ground that defendant failed to sufficiently object to the itemized invoices annexed to its verified complaint. Defendant has cross-moved for an order pursuant to CPLR § 3212 granting him summary judgment dismissing this action in its entirety on the ground that service in this matter is invalid as defendant, an Orthodox Jew, was served on the Sabbath. For the reasons set forth below, both motions are denied.
The relevant facts are as follows. On or about June 1, 2006, defendant Ezra Mann ("Mann") retained plaintiff pursuant to a Retainer Agreement (the "Retainer Agreement") in connection with a lawsuit entitled Kaygreen Realty Co. LLC v. Belmont Furniture, Inc.. Pursuant to the Retainer Agreement, plaintiff represented Mann as an individual and not the corporate entity. Thereafter, plaintiff alleges that defendant and it entered into two oral agreements for plaintiff to represent defendant in two other actions. The first was entitled Kaygreen Realty Co., LLC v. Ezra Mann (the "Queens Action") and was related to the action in the Retainer Agreement. The second action was completely unrelated and was entitled, Furniture World of Jerome Avenue, Inc. v. ...