Opinion
CA 02-02486
May 2, 2003.
Appeal from a judgment of Supreme Court, Monroe County (Ark, J.), entered January 24, 2002, which awarded plaintiff a money judgment of $83,254.82.
LAWRENCE C. BROWN, BUFFALO, FOR DEFENDANT-APPELLANT.
JOHNSON, MULLAN BRUNDAGE, P.C., ROCHESTER (SAMUEL G. BRUNDAGE OF COUNSEL), PLAINTIFF-RESPONDENT PRO SE.
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, LAWTON, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiff commenced this action seeking damages arising from legal services rendered pursuant to a retainer agreement with defendant. Supreme Court properly granted plaintiff's motion for summary judgment and awarded plaintiff damages in the amount of $42,230.89, plus interest, costs and disbursements. Contrary to defendant's contention, there are no issues of fact precluding summary judgment ( see generally Zuckerman v. City of New York, 49 N.Y.2d 557, 562). Plaintiff withdrew its claim of entitlement to certain billed services and/or disbursements and thereby removed any issues of fact raised by defendant in opposition to plaintiff's motion.