Opinion
Argued April 24, 2001.
May 7, 2001.
In an action to recover damages for breach of contract, the plaintiff appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated November 23, 1999, which reversed an order of the City Court of the City of White Plains (Brotmann, J.), dated April 9, 1999, denied the plaintiff's cross motion for summary judgment, and remitted the matter to the City Court for further proceedings.
Valdespino Copland, LLP, Tarrytown, N.Y. (Laura Copland of counsel), for appellant.
Greene Zinner, P.C., White Plains, N.Y. (Marc H. Fryburg and Brett Zinner of counsel), respondent pro se.
McKenna Cuneo, LLP, Washington, D.C. (Robert A. Matthews, Jeffrey P. Altman, and Traci M. Vanek of counsel), for National Court Reporters Association, amicus curiae.
Before: RITTER, J.P., KRAUSMAN, H. MILLER and SMITH, JJ.
ORDERED that the order of the Appellate Term is affirmed, with costs.
The plaintiff court reporter was not fully paid for the services she rendered, and contends that the defendant law firm which requested her services is liable for the outstanding fees owed to her. However, it is well settled that an attorney is only an agent for his or her client, and thus is not responsible for the court reporter's fee, unless the attorney assumed that responsibility (see, Bonynge v. Field, 81 N.Y. 159; see also, Matter of May, 27 N.Y.2d 529). Because an issue of fact exists as to whether the defendant assumed the responsibility to pay the plaintiff for her services, the Appellate Term correctly reversed the order of the City Court and denied the plaintiff's cross motion for summary judgment.