EMERY CELLI BRINCKERHOFF & ABADY, LLP, plf-res, v. MICHAEL ROSE, def-ap

11022-11023. EMERY CELLI BRINCKERHOFF & ABADY, LLP, plf-res, v. MICHAEL ROSE, def-ap — [AND A THIRD-PARTY ACTION] The Law Office of Richard E. Lerner, P.C., New York (Richard E. Lerner of counsel), for ap — Emery Celli Brinckerhoff & Abady, LLP, New York (O. Andrew F. Wilson of counsel), for res — Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered May 10, 2012, awarding plaintiff the aggregate amount of $560,052.77 on its claim for an account stated against defendant Michael Rose, pursuant to an order, same court and Justice, entered May 7, 2012, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for summary judgment on the account stated claim, unanimously affirmed, without costs. Appeal from aforesaid order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

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11022-11023. EMERY CELLI BRINCKERHOFF & ABADY, LLP, plf-res, v. MICHAEL ROSE, def-ap — [AND A THIRD-PARTY ACTION] The Law Office of Richard E. Lerner, P.C., New York (Richard E. Lerner of counsel), for ap — Emery Celli Brinckerhoff & Abady, LLP, New York (O. Andrew F. Wilson of counsel), for res — Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered May 10, 2012, awarding plaintiff the aggregate amount of $560,052.77 on its claim for an account stated against defendant Michael Rose, pursuant to an order, same court and Justice, entered May 7, 2012, which, to the extent appealed from as limited by the briefs, granted plaintiff’s motion for summary judgment on the account stated claim, unanimously affirmed, without costs. Appeal from aforesaid order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiff established its entitlement to judgment as a matter of law on its claim for an account stated “by showing that its client received, retained without objection, and partially paid invoices without protest” (Scheichet & Davis, P.C. v. Nohavicka, 93 AD3d 478, 478 [1st Dept 2012] [internal quotation marks omitted]; see Miller v. Nadler, 60 AD3d 499 [1st Dept 2009]).

EMERY CELLI BRINCKERHOFF & ABADY, LLP, plf-res, v. MICHAEL ROSE, def-ap

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