AN-JUNG v. ROWER LLC

9586, 152694/18.

173 A.D.3d 488 (2019)

99 N.Y.S.3d 879

2019 NY Slip Op 04652

Julia An-Jung, Respondent, v. Rower LLC et al., Appellants.

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

Decided June 11, 2019.


The breach of contract claim should be dismissed in light of defendants' account stated defense (see Mintz & Gold LLP v Daibes, 125 A.D.3d 488 [1st Dept 2015]). The retainer agreement required that objections to bills be raised within 30 days after receipt of the bills; plaintiff timely paid all the bills and did not object to any of them until two months after she received the last one. Moreover, the breach of fiduciary duty...

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