DERSHOWITZ EIGER v. HELMSLEY

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.