Legal Opinion

Shelly v. Skief

Appellate Division of the Supreme Court of the State of New York

Decided May 18, 2010PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover fees for legal services rendered, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered July 14, 2009, as denied that branch of his motion which was for summary judgment on his first cause of action for an account stated in the sum of $38,000.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

“An account stated assumes the existence of some indebtedness between the parties, or an express agreement to treat a statement of debt as an account stated” (Simplex Grinnell v…

2Cases cited6 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Grinnell v. Ultimate Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2007
  3. Legum v. RuthenAppellate Division of the Supreme Court of the State of New York · 1995
  4. Herrick, Feinstein LLP v. StammAppellate Division of the Supreme Court of the State of New York · 2002
  5. Yannelli, Zevin & Civardi v. SakolAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by4 opinions

  1. Landau v. WeissmanAppellate Division of the Supreme Court of the State of New York · 2010
  2. Funding Holding, Inc. v. UgochukwuAppellate Terms of the Supreme Court of New York · 2022
  3. Ochoa v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 2015
  4. Palisades Cleaning Servs., Inc. v. Bagatelle Little W. 12th, LLCAppellate Division of the Supreme Court of the State of New York · 2026

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