The motion was properly denied on the ground that an issue of fact exists as to whether defendant orally objected to plaintiff's bills (see, Collier, Cohen, Crystal Bock v. MacNamara, 237 A.D.2d 152). As the motion court noted, defendant set forth ample specifics of her objections, including when and to whom made, as well as circumstances surrounding the retainer and course of representation that tend to explain why the bills were objectionable. As the motion court also noted, defendant's position is further supported by statements plaintiff itself made in support of an interim fee application in the custody proceeding accounting for most of its fee, to the effect that defendant had exhausted all of her resources in defending that action.
Defendant promptly moved to vacate her default. The parties agreed to convert that motion to the motion for summary judgment here under review. In light of all the circumstances, the default should be vacated.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.