Kopelevich & Feldsherova, P.C. v. Art of Healing Medicine, P.C.

Summary

The Appellate Division, Second Department, affirmed an order denying the plaintiff law firm's motion for summary judgment in an action to recover unpaid legal fees. Although the plaintiff established a prima facie entitlement to judgment on an account stated, the defendants' submissions raised a triable issue as to whether they timely objected to the invoices. The court held that summary judgment was therefore properly denied.

Holdings

1. Although the plaintiff met its prima facie burden by showing receipt of the invoices and an apparent lack of objection, the defendants' opposing submissions raised a triable issue of fact concerning whether they objected to the invoices within a reasonable period; therefore, summary judgment was properly denied.

Questions Presented

1. Whether the plaintiff established entitlement to summary judgment on its account-stated claim.
2. Whether the defendants' submissions raised a triable issue of fact as to whether they objected to the invoices within a reasonable period.

Disposition

affirmed