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Glazer & Gottlieb v. Nachman
Citations: 233 A.D.2d 275; 650 N.Y.S.2d 544; 1996 N.Y. App. Div. LEXIS 12114
Court: Appellate Division of the Supreme Court of the State of New York; November 25, 1996; New York; State Appellate Court
The Supreme Court of New York County, presided over by Justice Jacqueline Silbermann, issued an order on June 25, 1996, which denied the plaintiff law firm's motion for summary judgment regarding its claim for account stated. Additionally, the court dismissed the defendant client's counterclaims for malpractice. The court affirmed the decision unanimously and without costs. The defendant's counterclaim, which included allegations of breach of fiduciary duty, presented credibility issues that could not be resolved through summary judgment, thereby preventing the law firm from obtaining summary judgment on its account stated claim. The ruling was concurred by Justices Rosenberger, Rubin, Ross, Tom, and Andrias.