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ALTER & ALTER v. CANNELLA

284 A.D.2d 138 (2001)

726 N.Y.S.2d 33

ALTER & ALTER, Respondent, v. PHILIP CANNELLA, Defendant and Third-Party Plaintiff-Appellant. STANLEY ALTER, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 7, 2001.

Uncontradicted evidence of defendant's receipt and retention of plaintiff law firm's invoices for fees for preparation of a post-trial brief in litigation concerning a child-custody matter, without objection within a reasonable time, entitled plaintiff to summary judgment on its cause of action for an account stated (see, e.g., Ruskin, Moscou, Evans & Faltischek v FGH Realty Credit Corp., 228 A.D.2d 294, 295). Defendant, whose...

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