Opinion
570752/07.
Decided August 4, 2008.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered April 6, 2007, which denied its motion for summary judgment.
PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ.
Order (Geoffrey D. Wright, J.), entered April 6, 2007, affirmed, with $10 costs.
Defendant retained plaintiff-attorney "to provide legal services in connection with" the estate of defendant's sister. Pursuant to the terms of the flat fee retainer agreement, plaintiff agreed to "provide those legal services reasonably required to represent client" for a fee of $3,000, plus costs and disbursements. We agree that issues of fact preclude summary judgment in plaintiff's favor since the retainer agreement is ambiguous as to the scope of the services required thereunder and there is conflicting extrinsic evidence on that issue (see Wolfgang v Hampton Hill Villas Condominium Board of Managers, 30 AD3d 1057).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.