Judge Jo Ann Friia
Appellate printer Appeal Press (AP) sought to recover nearly $5,000, one half the cost of a joint record on appeal against defendant law firm, who represented the wife in a contested matrimonial action. AP noted 22 NYCRR §670.8(c)(1) stated the cost of the joint record, which needed to be filed for an appeal by the parties, would be borne equally by the appealing parties. AP alleged this Second Department Rule provided a theory of recovery for an appellate printer, and the court opined the issue of whether or a not an appellate printer could rely on 22 NYCRR §670.8(c)(1) and recover directly from a lawyer appeared to be a case of first impression. The court noted the attorney for husband in the matrimonial action engaged AP’s services regarding the joint record, not defendant, and as such, there was no liability for defendant to explicitly disclaim under General Business Law §399-cc. It stated the only service ordered by defendant related to the subsequent printing of defendant’s appellate brief, but was paid for in full. Thus, the court held 22 NYCRR §670.8(c)(1) did not provide AP with a basis for recovery, and in the absence of privity of contract between AP and defendant, defendant was not liable for one half the cost of the joint record.