EHRLICH, P.C. v. TULLO


274 A.D.2d 303 (2000)

710 N.Y.S.2d 572

FRED EHRLICH, P. C., Appellant, v. LINDA A. C. TULLO et al., Respondents.

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

Decided July 6, 2000.


Plaintiff satisfied all the elements of an account stated, and defendant's claims in opposition failed to raise a material issue of fact as to any of those elements.

Not only did plaintiff demonstrate that defendant received and retained his bills without objection, an assertion never denied by defendant herself, but in addition, the parties entered into a stipulation as to $21,745.78 of plaintiff's fee, which stipulation is not vitiated by any viable claims of duress...

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