Opinion
1996, 1997
October 28, 2003.
Judgment, Supreme Court, New York County (Richard Braun, J.), entered August 15, 2002, which, in this action for legal fees and disbursements, awarded plaintiff a total of $31,666.56, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered July 9, 2002, which granted plaintiff's motion and denied defendant's cross motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Marilyn Neiman, for plaintiff-respondent.
Robert J. Barsch, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Ellerin, Gonzalez, JJ.
The record contains some 24 separate account statements sent by plaintiff law firm to defendant over a one-year period, with no indication of objection. The record reflects that plaintiff rendered its services to defendant, personally, as the named inventor for whose benefit patent applications were submitted and that partial payment was made for those services, thereby giving rise to an actionable account stated (Morrison Cohen Singer Weinstein, LLP v. Ackerman, 280 A.D.2d 355). Defendant's allegations of oral protests fail to identify the persons with whom he spoke "or to specify the substance of the alleged conversations" (Fink, Weinberger, Fredman, Berman Lowell v. Petrides, 80 A.D.2d 781, appeal dismissed 53 N.Y.2d 1028, 54 N.Y.2d 641;see also Ruskin, Moscou, Evans Faltischek, P.C. v. FGH Credit Corp., 228 A.D.2d 294, 295) and are therefore merely conclusory (see Shea Gould v. Burr, 194 A.D.2d 369, 371).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.