Opinion
430
March 11, 2003.
Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about August 2, 2002, which, to the extent appealed from, denied plaintiff's motion for summary judgment on its account stated cause of action, unanimously affirmed, without costs.
Terence F. Gilheany, for plaintiff-appellant.
Paula Schwartz Frome, for defendants-respondents.
Before: Saxe, J.P., Sullivan, Ellerin, Lerner, Gonzalez, JJ.
The court properly denied plaintiff's motion for summary judgment on its cause of action for an account stated. Plaintiff has not established that there was an agreement that the individual defendants would be personally liable for the services provided to the corporate defendant (see LeBoeuf, Lamb, Greene MacRae LLP v. Worsham, 185 F.3d 61), and there are triable issues with respect to whether a considerable portion of the legal fees incurred were authorized.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.