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Feder Kaszovitz LLP v. Rosen

Former Client's Failure to Pay Law Firm Under Retainer Breached Agreement

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MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This case arises from a fee dispute between a law firm, Feder Kaszovitz LLP (“Feder”), and its former client, Lee Rosen. Feder seeks to recover Rosen’s non-payment of his legal bills. It asserts claims of breach of contract, account stated, and quantum meruit. Defendant asserts counterclaims of breach of contract and fraud in the inducement.Plaintiff now moves for summary judgment on its breach of contract and quantum meruit claims. For the reasons stated below, Plaintiffs motion is GRANTED, with further proceedings to follow.FACTSThe facts of this case are not disputed unless otherwise noted.The Retainer AgreementIn August 2013, Alpha Capital Anstalt filed a lawsuit in this district against Rosen and others, alleging, among other things, that Rosen had committed securities fraud. See Alpha Capital Anstalt v. New Generation Biofuels & Lee Rosen, No. 13 Civ. 5586 (VEC) (S.D.N.Y. Aug. 9, 2013), Dkt. No. 1 (the “Alpha Capital lawsuit”). (Decl. of David Richan (“Richan Decl.”)

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