BANDON v. LUCK


130 A.D.2d 744 (1987)

William E. Bandon, P. C., Appellant, v. Bernard Luck, Respondent

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

May 26, 1987


Ordered that the order is affirmed insofar as appealed from, with costs.

The court properly denied that branch of the plaintiff's motion which was for summary judgment on its second cause of action, which sought recovery of legal fees on the theory of an account stated. In his opposing affidavit, the defendant presented sufficient evidence of his objection to the account rendered "to rebut any inference of an implied agreement to pay the [account stated]", thereby...

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