Opinion
July 20, 1998
Appeal from the Supreme Court, Nassau County (Alpert, J.).
Ordered that the judgment is affirmed, with costs.
As the Supreme Court properly found, the unrebutted proof in the record establishes that the plaintiff rendered the defendants extensive legal services over many years for which the defendants agreed to pay a minimum of $500,000, that several invoices sent by the plaintiff to the defendants were never questioned by the defendants, and that the defendants paid approximately $350,500 of the $500,000 billed before they abruptly discontinued their payments on the ground that they did not owe the plaintiff any money. By their silence and partial payment, the defendants expressed their agreement that the bills sent to them by the plaintiff were correct and would be paid (see, e.g., Coudert Bros. v. Finalco Group, 176 A.D.2d 622; Chisholm-Ryder Co. v. Sommer Sommer, 70 A.D.2d 429, 433). Accordingly, and in view of the defendants' failure to raise any genuine triable issue of fact, the plaintiffs motion for partial summary judgment was properly granted (see, e.g., Dreyer Traub v. Rubinstein, 191 A.D.2d 236, 237; Parker Chapin Flattau Klimpl v. Daelen Corp., 59 A.D.2d 375, 377-378).
Miller, J. P., O'Brien, Pizzuto and Friedmann, JJ., concur.