Opinion
December 28, 1993
Appeal from the Supreme Court, New York County (Beverly Cohen, J.).
The documentary evidence, which includes, inter alia, defendants' partial payments of plaintiff's bills without any reservation of rights and defendants' written acknowledgments of plaintiff's statements of account which expressly admit defendants' joint and several liability for such accounts, clearly demonstrates the presence of an account stated for billings through October 4, 1991 (see, Kramer, Levin, Nessen, Kamin Frankel v Aronoff, 638 F. Supp. 714, 719-720).
Moreover, defendants' alleged oral objections to the stated accounts are unsubstantiated and unsupported by the evidence (see, Fink, Weinberger, Freedman, Berman Lowell v Petrides, 80 A.D.2d 781, appeal dismissed 53 N.Y.2d 1028).
We have considered all other claims and find them to be meritless.
Concur — Sullivan, J.P., Wallach, Asch and Nardelli, JJ.