Barrett v Bunea

[*1] Barrett v Bunea 2012 NY Slip Op 51304(U) Decided on July 16, 2012 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 16, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
570455/12.

David I. Barrett, Plaintiff-Respondent, - -

against

Gabriela Bunea, Defendant-Appellant.

Defendant appeals from a judgment of the Civil Court of the City of New York, New York County (Debra R. Samuels, J.), entered February 17, 2012, after nonjury trial, in favor of plaintiff and awarding him damages in the principal amount of $5417.

Per Curiam.

Judgment (Debra R. Samuels, J.), entered February 17, 2012, affirmed, without costs. The defendant's notice of appeal from a decision (Debra R. Samuels, J.), dated August 4, 2011, is deemed a premature notice of appeal from the judgment (CPLR 5520[c]).

The trial evidence, fairly interpreted, supports the court's award of legal fees shown to be due plaintiff under the parties' retainer agreement and upon an account stated. The evidence demonstrated that plaintiff rendered the legal services contracted for, and that defendant received and retained plaintiff's invoices over a period of approximately one year without proper objection and made partial payments thereon (see Berman Bottger & Rudd, LLP v Moriarty, 58 AD3d 539 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 16, 2012