From Casetext: Smarter Legal Research

Ganer v. Breitbart

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 2002
293 A.D.2d 369 (N.Y. App. Div. 2002)

Opinion

811

April 23, 2002.

Judgment, Supreme Court, New York County (Helen Freedman, J.), entered June 21, 2001, after a nonjury trial, in an action by an accounting firm to recover a fee, in favor of plaintiff and against defendant in the principal amount of $63,888.90, plus interest, costs and disbursements, unanimously affirmed, with costs.

SCOTT T. HORN, for plaintiff-respondent.

IVAR GOLDART, for defendant-appellant.

Before: Williams, P.J., Mazzarelli, Saxe, Lerner, Marlow, JJ.


Defendant admits that he never objected to plaintiff's detailed monthly bills, and his claim that the bills were padded by various fraudulent billing practices, including rounding up to the nearest 15-minute interval and reallocating administrative time as billable time, lacks evidentiary support, and indeed was largely refuted by his own witness, a former employee of plaintiff and defendant's present accountant. Accordingly, plaintiff is entitled to judgment on the theory of account stated (see, Morrison Cohen Singer Weinstein v. Ackerman, 280 A.D.2d 355). Nor should the judgment be reduced to reflect the amount of the bills in the record that do not have time sheets attached, there being unrefuted evidence that it was plaintiff's regular practice to attach a "back up" statement to each of its bills, and an admission by defendant that he never personally reviewed either plaintiff's bills or the back-up.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Ganer v. Breitbart

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 2002
293 A.D.2d 369 (N.Y. App. Div. 2002)
Case details for

Ganer v. Breitbart

Case Details

Full title:GANER, GROSSBACH GANER, P.C., PLAINTIFF-RESPONDENT, v. DAVID BREITBART…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 23, 2002

Citations

293 A.D.2d 369 (N.Y. App. Div. 2002)
741 N.Y.S.2d 517