691 N.Y.S.2d 457 | N.Y. App. Div. | 1999
—Order, Supreme Court, New York County (Ira Gammerman, J.), entered October 9, 1997, which, inter alia, granted plaintiff summary judgment upon its causes of action based on mechanic’s liens in total amount of $136,225, plus interest, and granted plaintiff partial summary judgment on liability on its claim for attorneys’ fees, directing a hearing before a Referee on the amount of reasonable attorneys’ fees, unanimously modified, on the law, to deny the motion as against the corporate defendant, and otherwise affirmed, with costs against individual defendant Murray Kaskel, payable to plaintiff.
The grant of summary judgment against the corporate defendant was in error since there is no indication that the corporate defendant was intended to be bound by the agreements imposing the obligations sued upon. Those agreements were unambiguously between plaintiff and the individual defendant and were sufficiently definite as to all essential terms; months of invoices to which defendant Kaskel never objected form an adequate basis from which to infer the price term (see,