LES S. THOMPSON & CO., LLP. v. LUCILLE MURRAY CHILD DEVELOPMENT CENTER, INC.


13 A.D.3d 120 (2004)

785 N.Y.S.2d 690

LES S. THOMPSON & CO., LLP, Respondent, v. LUCILLE MURRAY CHILD DEVELOPMENT CENTER, INC., et al., Appellants.

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

December 9, 2004.


There was overwhelming evidence of an account stated for plaintiff's invoiced fees for professional accounting services. The trial court exercised its discretion appropriately in denying defendants' request for an adjournment after they had rested, in order to call an additional unidentified witness to impeach the "surprise" testimony of their own principal witness, since such testimony was the result of their own unpreparedness (cf. Halloran v Spina Floor Covering

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