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MICHAEL J. DEVEREAUX & ASSOC., P.C. v. TUFO

Index No. 150497/14. Appeal No. 13344. Case No. 2020-00666.

192 A.D.3d 506 (2021)

140 N.Y.S.3d 401

2021 NY Slip Op 01507

Michael J. Devereaux & Associates, P.C., Appellant, v. John Tufo et al., Respondents, et al., Defendants.

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

Decided March 16, 2021.

Attorney(s) appearing for the Case

Michael J. Devereaux & Associates, P.C., New York ( Michael J. Devereaux of counsel), for appellant.

Rosenblatt & McGarrity, LLP, White Plains ( Robert Rosenblatt of counsel), for respondents.

Concur—Renwick, J.P., Kapnick, Oing, Moulton, JJ.

Plaintiff failed to establish prima facie that it is entitled to the attorneys' fees and costs it seeks to recover from defendants John Tufo and Janice Tufo (Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). In an effort to establish breach of contract and account stated claims against them, plaintiff submitted evidence that it sent invoices to the Tufos that they had at least partially paid without protest. However...

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