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Clurfeld, Ross Krevitz v. Lopresto

Appellate Division of the Supreme Court of New York, Second Department
May 15, 2000
272 A.D.2d 429 (N.Y. App. Div. 2000)

Opinion

Argued April 10, 2000.

May 15, 2000.

In an action to recover unpaid legal fees, the plaintiff appeals from (1) an order of the Supreme Court, Nassau County (Roberto, J.), dated May 23, 1995, which denied its motion for summary judgment on the issue of liability, and (2) a judgment of the same court (Carter, J.), dated November 13, 1998, which, after a nonjury trial, dismissed the complaint.

Clurfeld, Ross Krevitz, Mitchel Field, N.Y. (Hyman Clurfeld of counsel), appellant pro se.

Lederman Abrahams Lederman Zarett, LLP, Massapequa, N.Y. (Bruce H. Lederman of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the appeal from the order is dismissed; and it is further,

ORDERED that the judgment is affirmed; and it is further,

ORDERED that the defendant is awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501[a][1]).

We agree with the determination of the Supreme Court that the attorneys' fees charged by the plaintiff were excessive inasmuch as the action did not involve the resolution of complex issues (see generally, Sperduto v. Sperduto, 145 A.D.2d 476).

The plaintiff's remaining contentions are unpreserved for appellate review.

O'BRIEN, J.P., SANTUCCI, THOMPSON and FEUERSTEIN, JJ., concur.


Summaries of

Clurfeld, Ross Krevitz v. Lopresto

Appellate Division of the Supreme Court of New York, Second Department
May 15, 2000
272 A.D.2d 429 (N.Y. App. Div. 2000)
Case details for

Clurfeld, Ross Krevitz v. Lopresto

Case Details

Full title:CLURFELD, ROSS KREVITZ, APPELLANT, v. CAROL A. LOPRESTO, RESPONDENT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 2000

Citations

272 A.D.2d 429 (N.Y. App. Div. 2000)
708 N.Y.S.2d 325