Practice point: Evidence in the form of detailed monthly invoices, together with affidavits indicating that the invoices were regularly and timely forwarded to and received by defendant, will establish plaintiff's compliance with the retainer agreement's requirement of regular billing.
Practitioners should note that plaintiff's procedural error in submitting an attorney's affirmation in support of its motion, as opposed to the affidavit as required by CPLR 2106, will be cured when the same affirmation is submitted in affidavit form in reply papers.
Case: Berkman Bottger & Rodd, LLP v. Moriarty, NY Slip Op 00311 (1st Dept. 2009)
The opinion is here.
Monday’s issue: Service of process.
