Defendant appeals 1) from a judgment of the Civil Court, New York County, entered January 8, 2003 (Paul G. Feinman, J.) in favor of plaintiff in the principal sum of $10,314.10, upon an order of the same court and Judge entered December 27, 2002, which had granted plaintiff's motion for summary judgment on its cause of action for an account stated, and 2) from an order of the same court and Judge dated February 18, 2003 which, inter alia, denied defendant's motion to vacate a restraining notice.

PER CURIAM:

Judgment entered January 8, 2003 (Paul G. Feinman, J.) affirmed, with $10 costs. Appeal from order dated February 18, 2003 (Paul G. Feinman, J.) dismissed, without costs, as abandoned.

Summary judgment was properly granted to plaintiff on its cause of action for an account stated, in view of the defendant's retention without protest of the series of billing statements sent by plaintiff over a period of months and defendant's correspondence expressly acknowledging her debt to plaintiff and her willingness to "make payment arrangements" when her financial situation improved (see Raj Jewelers v Dialuck Corp., 300 AD2d 124 [2002]). [*2]

This constitutes the decision and order of the court.
Decision Date: June 02, 2005