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DERSHOWITZ EIGER, P.C., Appellant-Respondent, v. LEONA HELMSLEY, Respondent-Appellant. LEONA HELMSLEY, Respondent-Appellant,

We agree with the IAS Court that plaintiff is not entitled to summary judgment on an account stated to recover legal fees. In this case, there was a timely objection to the invoices sued on sufficient to raise issues of fact to require a trial to determine the reasonableness of the fees billed defendant client ( see, Dreyer Traub v Rubinstein, 191 A.D.2d 236). We also find the counterclaim for breach of fiduciary duty raises questions of credibility which are not susceptible to summary disposition.

Concur — Murphy, P.J., Rosenberger, Williams and Mazzarelli, JJ.

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DERSHOWITZ EIGER v. HELMSLEY
(Sep 19, 1995)