Nicoll & Davis LLP v Ainetchi
2008 NY Slip Op 05763
Decided on June 24, 2008
Appellate Division, First Department
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on June 24, 2008
Tom, J.P., Gonzalez, Buckley, Catterson, JJ.

3999 602324/06

[*1]Nicoll & Davis LLP, Plaintiff-Respondent,

v

Isaac Ainetchi, et al., Defendants-Appellants.





Ross & Asmar LLC, New York (Steven B. Ross of counsel),
for appellants.
Nicoll Davis & Spinella LLP, New York (Jack T. Spinella of
counsel), for respondent.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered April 26, 2007, which, to the extent appealed from, denied defendants' cross motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Plaintiff law firm's failure to comply with the rules on retainer agreements (22 NYCRR 1215.1) does not preclude it from suing to recover legal fees for services provided (see Seth Rubenstein, P.C. v Ganea, 41 AD3d 54 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 24, 2008

CLERK


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