ZANANI v. SCHVIMMER


50 A.D.3d 445 (2008)

856 N.Y.S.2d 65

DORON ZANANI, Appellant, v. MIRIAM SCHVIMMER et al., Respondents.

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

Decided April 15, 2008.


Plaintiff's motion for summary judgment should have been granted, because defendants failed to raise a triable issue of fact as to whether plaintiff, the attorney who represented them in a partition action, established an account stated by rendering bills to them to which they failed to object. Defendant Miriam Schvimmer's assertion that she orally objected to the bills is insufficient because she fails to state when she objected or the specific substance of the conversations...

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