Practice point: Plaintiff-law firm established entitlement to summary judgment by showing that its client received, retained without objection, and partially paid invoices without protest.
Student note: A prior order fixing the amount of plaintiff's charging lien on the proceeds of the settlement of the underlying lawsuit is not res judicata as to plaintiff's account stated claim if plaintiff did not have an opportunity to litigate that claim when the court awarded the charging lien.
Case: Scheichet & Davis, P.C. v. Nohavicka, NY Slip Op 01763 (1st Dept. 2012).
Tomorrow’s issue: Qualified privilege.
