Opinion
1484
June 19, 2003.
Order, Supreme Court, New York County (Marylin Diamond, J.), entered November 29, 2002, which, to the extent appealed from, denied plaintiff's motion for summary judgment on its claim for legal fees and dismissal of defendant's counterclaim for malpractice and denied plaintiff's motion for sanctions, unanimously affirmed, without costs.
John R. Sachs, Jr., for plaintiff-appellant.
Peter G. Eikenberry, for defendant-respondent.
Before: Nardelli, J.P., Tom, Rosenberger, Gonzalez, JJ.
The court correctly determined that the factual dispute between the parties presented issues of credibility not appropriate for summary disposition (see Glazer Gottlieb v. Nachman, 233 A.D.2d 275). We note that plaintiff's argument for summary judgment rests largely upon attacks on defendant's credibility.
Under the circumstances, the denial of sanctions was not improvident.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.