SIERATZKI & CECCARELLI v. NATHANSON


233 A.D.2d 213 (1996)

650 N.Y.S.2d 525

Sieratzki & Ceccarelli, Appellant, v. Joseph Nathanson, Respondent

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

November 19, 1996


We agree with the IAS Court that there exist sufficient questions of fact on this record to preclude summary judgment on the cause of action for an account stated where plaintiff law firm's bills were questioned by defendant client and where payments made thereafter were pursuant to a retainer agreement covering both past and future services. Under the facts of this case, we deem the questioning of the bills sufficient to rebut the presumption of an implied agreement to pay...

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