Opinion
February 17, 1998
Appeal from the Supreme Court, New York County (Herman Cahn, J.).
Summary judgment was properly granted to plaintiff on its cause of action for an account stated, in view of defendant's failure to object to invoices sent her by plaintiff (Jannuzzo v. de Cuevas, 216 A.D.2d 37; Ruskin, Moscou, Evans Faltischek v. FGH Realty Credit Corp., 228 A.D.2d 294). The Surrogate's disallowance of a portion of plaintiff's legal services, on the ground that such did not benefit the estate directly, was not binding or determinative of plaintiff's claims herein in view of the retainer agreement wherein defendant agreed to be individually liable for services rendered "in connection with the administration of the [Iolas] estate, and various litigations involving the estate."
Concur — Milonas, J. P., Ellerin, Williams and Tom, JJ.