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Peluso & Touger, Llp v. Yekaterina Telushkina

New York Supreme and/or Appellate Courts Appellate Term, First Department


December 23, 2011

PELUSO & TOUGER, LLP,
PLAINTIFF-APPELLANT,
v.
YEKATERINA TELUSHKINA,
DEFENDANT-RESPONDENT.

Per curiam.

Peluso & Touger, LLP v Telushkina

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 23, 2011

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Shulman, Torres, JJ

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Kibbie F. Payne, J.), entered March 22, 2011, which denied its motion for summary judgment.

Order (Kibbie F. Payne, J.), entered March 22, 2011, reversed, without costs, and plaintiff's motion for summary judgment in the principal sum of $12,547.47 is granted. The Clerk is directed to enter judgment accordingly.

In this action to recover unpaid legal fees, plaintiff lawfirm demonstrated entitlement to summary judgment on its claim for an account stated. The undisputed proof, including e-mail correspondence between the parties, demonstrated that plaintiff represented defendant in a matrimonial action, mailed her monthly billing invoices, and that defendant received and retained those invoices, without objection, and made partial payment thereon (see Stephanie R. Cooper, PC v Robert, 78 AD3d 572, 573 [2010]; Berkman Bottger & Rodd, LLP v Moriarty, 58 AD3d 539 [2009]; Shea & Gould v Burr, 194 AD2d 369 [1993]). In opposition to the motion, defendant failed to raise a triable issue of fact (see Stephanie R. Cooper, PC v Robert, 78 AD3d at 573; American Express Centurion Bank v Williams, 24 AD3d 577, 578 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Decision Date: December 23, 2011

20111223

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