From Morrison Cohen LLP v. Parrish, 2011 NY Slip Op 30354U, 2011 N.Y. Misc. LEXIS 335 (Sup. Ct. N.Y. County Feb. 9, 2011) (entering summary judgment for the plaintiff):
Case law holds that where a non-frivolous claim or affirmative defense of legal malpractice is "inextricably intertwined with a claim for fees for the same representation," plaintiff is not entitled to summary judgment on its account stated cause of action. See Tabner v. Drake, 9 AD3d 606 (3rd Dept 2004); Morrison Cohen Singer & Weinstein, LLP v. Ackerman, 280 AD2d 355 (1st Dept 2001); Silberman & Silberman, P.C. v. First Reformed Episcopal Church, 11 Misc3d 134(A) (App Term, 1st Dept 2006).
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