Failure to Object to Monthly Invoices

In affirming summary judgment (for an “account stated”) in favor of an attorney who had submitted bills to his client for services rendered, the Third Department wrote:

Here, plaintiff demonstrated its entitlement to judgment as a matter of law by tendering evidence that it generated invoices for services rendered on a monthly basis, mailed those invoices to defendant and did not receive any specific objection in response thereto until after the commencement of this action … . Although defendant asserted that he repeatedly complained  regarding the amount  of the bills, as well as the manner in which the various retainers he provided were applied thereto, noticeably absent from the record is any documentation – prior to the commencement of this action – substantiating defendant’s  objections in this regard,  and the case law makes clear that generalized, oral protestations are insufficient to defeat a motion for summary judgment …. Whiteman … v Oppitz, 514371, 3rd Dept 4-11-13