WAGNER DAVIS P.C., plf-res, v. JAMES BRADY JR., JANE BRADY, JAMES CATERING INC., LOFT ELEVEN INCORPORATED D/B/A LOFT ELEVEN, WEST SIDE LOFT AT 37TH STREET INC., def-app

16-115/116. WAGNER DAVIS P.C., plf-res, v. JAMES BRADY JR., JANE BRADY, JAMES CATERING INC., LOFT ELEVEN INCORPORATED D/B/A LOFT ELEVEN, WEST SIDE LOFT AT 37TH STREET INC., def-app — Judgments (Debra Rose Samuels, J.), each entered September 25, 2013, affirmed, with one bill of $25 costs.

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16-115/116. WAGNER DAVIS P.C., plf-res, v. JAMES BRADY JR., JANE BRADY, JAMES CATERING INC., LOFT ELEVEN INCORPORATED D/B/A LOFT ELEVEN, WEST SIDE LOFT AT 37TH STREET INC., def-app — Judgments (Debra Rose Samuels, J.), each entered September 25, 2013, affirmed, with one bill of $25 costs.

A fair interpretation of the trial evidence supports the jury’s finding that plaintiff proved its claim for legal fees based on an account stated. The trial evidence showed that defendant James Brady Jr. retained plaintiff law firm (1) on his own behalf, to represent him in an appeal of a decision rendered in an action regarding air rights to his residential cooperative apartment and (2) as principal of the corporate defendants and on his own behalf, with respect to three commercial nonpayment proceedings commenced against defendants. The evidence also showed that defendants received and retained plaintiff’s invoices without proper objection for a reasonable time, and made partial payments on the sums due (see Brunelle & Hadjikow, P.C. v. O’Callaghan, 126 AD3d 584 [2015], appeal dismissed 26 NY3d 975 [2015]; Moses & Singer v. S&S Mach. Corp., 251 AD2d 271 [1998], lv denied 92 NY2d 1024 [1998]).

WAGNER DAVIS P.C., plf-res, v. JAMES BRADY JR., JANE BRADY, JAMES CATERING INC., LOFT ELEVEN INCORPORATED D/B/A LOFT ELEVEN, WEST SIDE LOFT AT 37TH STREET INC., def-app

16-115/116. WAGNER DAVIS P.C., plf-res, v. JAMES BRADY JR., JANE BRADY, JAMES CATERING INC., LOFT ELEVEN INCORPORATED D/B/A LOFT ELEVEN, WEST SIDE LOFT AT 37TH STREET INC., def-app — Judgments (Debra Rose Samuels, J.), each entered September 25, 2013, affirmed, with one bill of $25 costs.

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