Carasso v Omansky

[*1] Carasso v Omansky 2009 NY Slip Op 50263(U) [22 Misc 3d 135(A)] Decided on February 18, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 18, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570359/08.

Joseph Martin Carasso, Plaintiff-Respondent, - -

against

Lawrence A. Omansky and Nicolina Omansky a/k/a Linda Omansky, Defendants-Appellants.

Defendants appeal from a judgment of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), entered August 1, 2007, after a jury trial, in favor of plaintiff and awarding him damages in the principal sum of $17,263.91.

Per Curiam.

Judgment (Peter H. Moulton, J.), entered August 1, 2007, affirmed, with $25 costs.

A fair interpretation of the trial evidence supports the jury's finding that plaintiff proved his claim for legal fees based on an account stated. The evidence shows that plaintiff was retained to render legal services on behalf of both defendants, and that defendant Lawrence Omansky, as agent of defendant Nicolina Omansky and on his own behalf, received and retained plaintiff's invoices over a period of approximately seven months without proper objection, made a substantial partial payment thereon and assured future payments (see Moses & Singer v S & S Mach. Corp., 251 AD2d 271 [1998]). Nor is there any basis to disturb the jury's verdict that defendants failed to prove their breach of contract counterclaims.

We have considering defendants' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
[*2]
Decision Date: February 18, 2009