A.M. Richardson, III, LLC v Iron Oak, Inc. 2024 NY Slip Op 33464(U) September 27, 2024 Supreme Court, New York County Docket Number: Index No. 651250/2023 Judge: Lyle E. Frank is short and sweet. Attorney send an invoice and client writes back that they have to discuss the bill. Insufficient objection to overcome the “account stated” principle.
“The complaint alleges that the parties entered into both express and implied contracts, that plaintiff provided services to defendants based on those contracts and that defendants have failed to compensate plaintiff for the services provided. The primary opposition to plaintiff’s motion is the allegation that plaintiff committed legal malpractice and thus is not entitled to the amount of legal fees sought.”
“There are no such itemized statements specifically in the complaint nor attached thereto requiring defendant to provide specific objections. While in support of its motion, plaintiff annexed the complaint and the invoices and retainer agreement, those exhibits were not filed with its complaint, see NYSCEF Doc. 2. Thus, defendant’s denials are sufficient as plaintiff has failed to establish a prima facie entitlement to judgment as a matter of law as to the first cause of action. Accordingly, that portion of plaintiff’s motion is denied. Plaintiff’s second cause of action alleges account stated. Plaintiff may establish an account stated by any one of three alternative means: (1) the retention of bills without objection for a reasonable period of time, (2) partial payment, or (3) the defendant’s acknowledgment of the debt. See Rosenman Colin Freund Lewis & Cohen v Neuman, 93 AD2d 745, 746 [1st Dept 1983] (account stated established by receiving and retaining bills without any timely objection); Liddle O’Connor, Finkelstein & Robinson v Koppelman, 215 AD2d 204 [1st Dept 1995] (account stated based only on partial payment); Bracken & Margolin, LLP v Schambra, 270 AD2d 221 [2d Dept 2000] (account stated based on retention of invoices without objection and acknowledgment of obligation to pay). Plaintiff has established a prima facie showing of account stated. The complaint alleges that invoices were sent and defendant did not object. Plaintiff annexes the subject invoices, and defendant does not dispute that they were sent and retained, rather defendant contends that objections were made. Defendant attaches emails that defendant contends object to the subject invoices; however, they only contain statements such as “need to talk to resolve” see NYSCEF Doc. 42. There is no admissible evidence submitted to establish that any timely objections were made to the invoices. Accordingly, plaintiff’s motion for summary judgment on its second cause of action for account stated is granted.”