Bittner v. Town of Union Vale
Opinion of the Court
In an action to recover for legal services rendered, plaintiff appeals from an order of the Supreme Court, Dutchess County, dated April 30, 1979, which denied his motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements, plaintiff is granted summary judgment on the issue of defendant’s liability and the action is remitted to Special Term for an assessment of damages, if any. Plaintiff seeks attorney’s fees for his successful representation of defendant against a zoning challenge. Plaintiff claims that he is entitled to summary judgment because defendant had previously admitted that he had represented it in the action and, thus, no triable issue of fact or meritorious defense to the cause of action exists. Defendant admitted that plaintiff had been its attorney but questioned the reasonableness of his fee. A third party, Motorola, Inc., had benefited from the successful conclusion of the underlying action and had paid a substantial part of plaintiff’s fee. The trial court denied the motion for summary judgment and held that Motorola’s obligation to pay plaintiff’s entire fee
Case-law data current through December 31, 2025. Source: CourtListener bulk data.