Opinion
2005-240 N C.
Decided December 2, 2005.
Appeal from an order of the District Court of Nassau County, First District (Francis D. Ricigliano, J.), dated July 21, 2004. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for, inter alia, summary judgment.
Order unanimously affirmed without costs.
PRESENT: RUDOLPH, P.J., McCABE and TANENBAUM, JJ.
In this action to recover for court reporting services rendered, defendant moved for summary judgment. Where an attorney contracts for court reporting services, he does so as an agent for a disclosed principal, his client, and thus cannot be held liable for said services where he did not undertake to assume such liability ( see Sullivan v. Greene Zinner, 283 AD2d 420; Urban Ct. Reporting v. Davis, 158 AD2d 401; Karen Schmeider d/b/a Schmeider Assocs. v. Biersack, NYLJ, Oct. 17, 2003 [App Term, 9th 10th Jud Dists]). Since plaintiff failed to establish that an issue of fact exists as to whether the defendant assumed responsibility for the cost of plaintiff's services, the lower court properly granted defendant's motion for summary judgment dismissing the complaint.