228 A.D.2d 294 | N.Y. App. Div. | 1996
This is an action by plaintiff law firm seeking to collect unpaid legal fees due and owed by the defendant, a New York commercial mortgage company. Plaintiff provided legal representation and rendered legal services to defendant from April 4, 1990 to December 1991 in specific real estate matters set forth in the verified complaint. In addition to the verified complaint, on its motion for summary judgment, the plaintiff submitted: (1) copies of actual itemized bills reflecting total unpaid charges of $25,786.72, plus interest, owed by defendant FGH Realty to the plaintiff law firm for legal services rendered
In opposition, defendant argued that it had objected to the plaintiff’s bills. However, it failed to submit any writing, letter, note, documentation or evidentiary proof to support such a claim.
The IAS Court denied plaintiff’s motion for summary judgment in a memorandum decision and order most notable for its complete failure to address or discuss any of the parties’ contentions in a meaningful way. The court, citing general and basic concepts of law regarding motions for summary judgment, held that summary judgment based upon an account stated was precluded by the existence of material triable issues of fact. However, the IAS Court’s decision fails to identify what it perceived those triable issues of fact to be. Upon our review of the record, we are unable to discern any triable issues of fact precluding the granting of summary judgment in plaintiffs favor and we therefore reverse.
Defendant’s receipt and retention of the plaintiff law firm’s invoices seeking payment for professional services rendered, without objection within a reasonable time, gave rise to an actionable account stated, thereby entitling the plaintiff to summary judgment in its favor (see, Engel v Cook, 198 AD2d 88, 89; Rosenman Colin Freund Lewis & Cohen v Edelman, 160 AD2d
In light of the foregoing, we need not address appellant’s alternative argument that the IAS Court erred in granting the cross-motion for a further bill of particulars. Concur—Milonas, J. P., Wallach, Ross and Mazzarelli, JJ.