Opinion
November 6, 1995
Appeal from the Supreme Court, Nassau County (Becker, J.).
Ordered that, on the Court's own motion, the appellant's notice of appeal from so much of the order as granted the branch of the defendant's motion which was to strike scandalous and prejudicial material from the complaint is treated as an application for leave to appeal and leave to appeal is granted (see, CPLR 5701 [c]); and it is further;
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly determined that there are issues of fact regarding the value, if any, of the plaintiff's purported legal services to the defendant. Thus, the branch of the plaintiff's cross motion which was for summary judgment on the causes of action to recover for those services was properly denied (see, CPLR 3212 [b]).
A review of the plaintiff's pleadings supports the striking of the scandalous and prejudicial material in the complaint and the award of attorney's fees of $2,500 to the defendant (see, 22 NYCRR 130-1.1 [c]). Balletta, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.