ATTORNEY’S FEES RECOVERABLE UNDER AN ACCOUNT-STATED THEORY DESPITE TERMINATION OF THE ATTORNY-CLIENT RELATIONSHIP (FIRST DEPT).

The First Department, reversing Supreme Court, determined plaintiff law firm was entitled to summary judgment on the account-stated causes of action seeking payment of attorney’s fees, despite the termination of the attorney-client relationship:

Plaintiff law firm … established entitlement to summary judgment on its claim for an account stated with respect to its June invoices by production of documentary evidence showing defendants received the June invoices and defendants’ admissions in their answer that they made partial payments for those invoices … .

Plaintiff also established entitlement to summary judgment on its account stated claim with respect to the July invoices. The documentary evidence established that defendant received the July invoices … and the … affidavit established that defendants retained those invoices without making any specific objection to them … . …

… [P]laintiff’s termination does not prohibit its recovery under an account stated theory, and the law firm may recover for pretermination legal services billed to defendants at the agreed upon hourly rate, which defendants retained without objection … . Katsky Korins LLP v Moskovits, 2021 NY Slip Op 05815, First Dept 10-26-21