Opinion
2012-02-23
HERZFELD & RUBIN, P.C., Plaintiff–Respondent, v. KSHEL REALTY CORP., Defendant–Appellant.
Howard R. Birnbach, Great Neck, for appellant. Herzfeld & Rubin, P.C., New York (Herbert Rubin of counsel), for respondent.
Howard R. Birnbach, Great Neck, for appellant. Herzfeld & Rubin, P.C., New York (Herbert Rubin of counsel), for respondent.
Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered March 18, 2011, awarding plaintiff the principal amount of $92,507.20, unanimously affirmed, without costs.
Supreme Court, having determined that plaintiff overbilled for its legal services, properly awarded an appropriate fee based on the services rendered. Such award is not a matter of quantum meruit but is based on the parties' retainer agreement.