New York Supreme and/or Appellate Courts Appellate Term, First Department
December 23, 2011
PELUSO & TOUGER, LLP,
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This opinion is uncorrected and will not be published in the printed Official Reports.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 ; Berkman Bottger & Rodd, LLP v Moriarty, 58 AD3d 539 ;
Shea & Gould v Burr, 194 AD2d 369 ). 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 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 23, 2011
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