Opinion
570647/07.
Decided October 16, 2008.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), entered on or about April 18, 2007, after trial, dismissing the main action and awarding judgment to defendant in the principal sum of $3,839.77 on his account stated counterclaim.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Judgment (Joan M. Kenney, J.), entered on or about April 18, 2007, modified by remanding the matter to the court below for calculation of interest and entry of an amended judgment in accordance herewith; as modified, judgment affirmed, without costs.
The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing plaintiff's main action and awarding defendant judgment on his account stated counterclaim (CCA 1804, 1807; see Williams v Roper, 269 AD2d 125, lv dismissed 95 NY2d 898). Plaintiff's belated objection to defendant's itemized invoices was insufficient to avoid liability on an account stated for the unpaid legal fees sought by defendant herein ( see Healthcare Capital Mgt., LLC v Abrahams, 300 AD2d 108), fees previously found to be due and owing in arbitration proceedings ( see 22 NYCRR Part 137). We modify only to the extent of remanding the matter for recalculation of the interest amount utilizing the rate of 9% to run from May 2, 2005 (CPLR 5001, 5004; see Healthcare Capital Mgt., LLC v Abrahams, 300 AD2d 108, supra).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.