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Supreme Court, Appellate Term, New York.

Cynthia SULLIVAN, Doing Business as Sullivan Reporting, Respondent, v. GREENE & ZINNER, P. C., Appellant.

Decided: November 23, 1999

BEFORE:  INGRASSIA, J.P., PALELLA, and LEVITT, JJ. Greene & Zinner, P. C., White Plains (Stanley S. Zinner of counsel), appellant pro se. Valdespino Copland, L.L.P., Tarrytown (Laura Copland of counsel), for respondent.

Judgment unanimously reversed without costs, plaintiff's cross motion for summary judgment denied and matter remanded to the court below for all further proceedings.

Plaintiff alleged in her affidavit that all bills for her services were sent to defendant and paid for on the defendant firm's own checks.   However, at best, this presents a question of fact as to whether the attorneys assumed responsibility for payment (Urban Court Reporting v. Davis, 158 A.D.2d 401, 551 N.Y.S.2d 235).