Opinion
May 19, 1994
Appeal from the Supreme Court, New York County (Herman Cahn, J.).
"Generally, receipt and retention of a law firm's accounts, without objection within a reasonable time, and an agreement to pay a portion of the indebtedness, gives rise to an account stated." (Scheichet Davis v. Steinger, 183 A.D.2d 479.) In this case, defendant admits that he retained plaintiff and paid an initial $4,000 retainer. Defendant has failed to introduce evidence of any objection to the accounts rendered by plaintiff, and his assertion that when he initially entered into an attorney-client relationship with plaintiff he made oral statements regarding his purported inability to pay more than the initial retainer is unsupported, and in any event, fails to negate the existence of an underlying agreement to pay for the services rendered over a period of more than seven years, or the validity of the account (see, Christy Viener v. Buntzman, 199 A.D.2d 203).
We have considered defendant's remaining arguments and find them to be without merit.
Concur — Carro, J.P., Rosenberger, Wallach, Kupferman and Tom, JJ.