Davis Markel & Edwards v. Solomon

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before CARRO
• Citation: Davis Markel & Edwards v. Solomon, 612 N.Y.S.2d 28, 204 A.D.2d 182 (N.Y. App. Div. 1994)
• Decision Date: 19 May 1994
• Parties: DAVIS MARKEL & EDWARDS, Plaintiff-Respondent, v. Louis A. SOLOMON, Defendant-Appellant.

Page 28

612 N.Y.S.2d 28

204 A.D.2d 182

DAVIS MARKEL & EDWARDS, Plaintiff-Respondent, v. Louis A. SOLOMON, Defendant-Appellant.

Supreme Court, Appellate Division First Department.

May 19, 1994.

Before CARRO, J.P., and ROSENBERGER, WALLACH, KUPFERMAN and TOM, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (Herman Cahn, J.), entered March 12, 1993 which, inter alia, granted summary judgment to plaintiff on the issue of liability, unanimously affirmed, with costs.

"Generally, receipt and retention of a law firm's accounts, without objection within a reasonable time, and an agreement to pay a portion of the indebtedness, gives rise to an account stated." (Scheichet & Davis v. Steinger, 183 A.D.2d 479, 583 N.Y.S.2d 407). In this case, defendant admits that he retained plaintiff and paid an initial $4,000 retainer. Defendant has failed to introduce evidence of any objection to the accounts rendered by plaintiff, and his assertion that when he initially entered into an attorney-client relationship with plaintiff he made oral statements regarding his...