| Specialty Bus. Solutions, LLC v Itkowitz & Harwood |
| 2013 NY Slip Op 50590(U) [39 Misc 3d 135(A)] |
| Decided on April 16, 2013 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of
the City of New York, New York County (Debra Rose Samuels, J.), entered on or about
June 5, 2012, after trial, in favor of plaintiff and awarding it damages in the principal
sum of $4,920.05.
Per Curiam.
Judgment (Debra Rose Samuels, J.), entered on or about June 5, 2012, affirmed, without costs.
The record and the ends of "substantial justice" (CCA 1804, 1807) support the judgment issued in plaintiff's favor upon the trial of this small claims action. Plaintiff's unrebutted trial evidence as to the defendant law firm's receipt and retention of monthly invoices without objection, as well as the parties' course of dealing dating back more than a decade, established the existence of an account stated in plaintiff's favor (see Jim-Mar Corp v Aquatic Constr., Ltd., 195 AD2d 868 [1993], lv denied 82 NY2d 660 [1993]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 16, 2013