Opinion
No. 4379.
March 1, 2011.
Order, Supreme Court, New York County (Carol R. Edmead, J), entered August 19, 2010, which, insofar as appealed from as limited by the briefs, denied plaintiff's motion for summary judgment on its account stated cause of action, unanimously reversed, on the law, with costs and the motion granted. The Clerk is directed to enter judgment accordingly.
Donald Pearce, for appellant.
Kestenbaum, Dannenberg Klein, LLP, New York (Jeffrey C. Dannenberg of counsel), for respondent.
Before: Gonzalez, P.J., Tom, Andrias, Renwick and Abdus-Salaam, JJ.
The court erred to the extent it found that issues of fact remain as to whether defendant was personally liable for obligations incurred pursuant to the agreement for legal services he entered into with the now dissolved law firm. As a promoter executing a contract on behalf of nonexistent corporate entities, defendant's personal liability under the agreement is presumed, and the plain language of the agreement here cannot be read to have absolved defendant of such personal liability ( see Grutman v Katz, 202 AD2d 293; Clinton Invs. Co., II v Watkins, 146 AD2d 861).
In view of defendant's receipt and retention of plaintiffs final invoice dated December 18, 2008 without reasonably timely objection, defendant had no viable defense to plaintiffs claim to recover on an account stated ( see Fleming v Vassallo, 43 AD3d 278; Bartning v Bartning, 16 AD3d 249).