Practice point: Plaintiff-law firm was entitled to summary judgment on its claim of account stated with a showing that defendant received and retained the invoice without objection. Plaintiff also established a claim sounding in quantum meruit by showing the firm's performance of services, and defendant’s acceptance of those services.
Practitioners should note that plaintiff's failure to comply with retainer agreement rules, pursuant to 22 NYCRR 1215.1, does not preclude it from suing to recover legal fees for its services.
Case: Miller v. Nadler, NY Slip 01862 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Labor Law.
