ANDERSON KILL v. BOARD OF MANAGERS OF HONTO 88 CONDOMINIUM (2021)

Order, Supreme Court, New York County (Alan C. Marin, J.), entered on or about June 30, 2020, which granted plaintiff's motion for summary judgment on its account stated claims in the principal amount of $146,883.34, unanimously affirmed, with costs.

Plaintiff established its entitlement to judgment on the account stated claims by showing that it sent invoices, and defendant retained them without objection, with promises to make payment (see Shea & Gould v. Burr, 194 A.D.2d 369, 370–371, 598 N.Y.S.2d 261 [1st Dept. 1993]).

Defendant's argument that the retainer agreement was not valid was not supported by the record, and in any event is irrelevant to the account stated claims (see Thelen LLP v. Omni Contr. Co., 79 A.D.3d 605, 606, 914 N.Y.S.2d 119 [1st Dept. 2010], lv denied 17 N.Y.3d 713, 933 N.Y.S.2d 653, 957 N.E.2d 1157 [2011]).

Defendant was not excused from objecting to the invoices by virtue of its general criticism of the quality of the legal work.  Objections to particular invoices may be excused where there is a dispute as to the existence or nature of the contract between the parties (see Erdman Anthony & Assoc., Inc. v. Barkstrom, 298 A.D.2d 981, 982, 747 N.Y.S.2d 670 [4th Dept. 2002]).  Such is not the allegation here.

Plaintiff was entitled to prejudgment interest at the statutory rate (CPLR 5001).

Defendant waived its defense based on objection to service of process, by failing to raise it by motion within 60 days of its answer (CPLR 3211[e]).