Opinion
No. 570108/13.
2013-04-16
SPECIALTY BUSINESS SOLUTIONS, LLC, Plaintiff–Respondent, v. ITKOWITZ AND HARWOOD, Defendant–Appellant.
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Debra Rose Samuels, J.), entered on or about June 5, 2012, after trial, in favor of plaintiff and awarding it damages in the principal sum of $4,920.05.
Present: SCHOENFELD, J.P., HUNTER, JR., TORRES, JJ.
PER CURIAM.
Judgment (Debra Rose Samuels, J.), entered on or about June 5, 2012, affirmed, without costs.
The record and the ends of “substantial justice” (CCA 1804, 1807) support the judgment issued in plaintiff's favor upon the trial of this small claims action. Plaintiff's unrebutted trial evidence as to the defendant law firm's receipt and retention of monthly invoices without objection, as well as the parties' course of dealing dating back more than a decade, established the existence of an account stated in plaintiff's favor ( see Jim–Mar Corp v. Aquatic Constr., Ltd., 195 A.D.2d 868 [1993],lv denied82 N.Y.2d 660 [1993] ).