Levisohn, Lerner, Berger & Langsam v. Gottlieb, 309 A.D.2d 668 (N.Y. App. Div. 1st Dep't 2003). · Go Syfert
Levisohn, Lerner, Berger & Langsam v. Gottlieb, 309 A.D.2d 668 (N.Y. App. Div. 1st Dep't 2003). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
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At page 668 Judgment, Supreme Court, New .York County (Richard Braun, J.), entered August 15, 2002, which, in this action for legal fees and disbursements, awarded…1 citing caseopening of page *668 (no citing court says what it cites this page for)
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    The affidavit of Kadmon's representative, in which he averred that "after Cushman made a demand for commission, I gratuitously made a counter offer of $100,000 on behalf of Kadmon because of Kadmon's relationship with the Landlord and Mr.…
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Levisohn, Lerner, Berger & Langsam
v.
Steven Gottlieb
Appellate Division of the Supreme Court of the State of New York.
Oct 28, 2003.
Published opinion
309 A.D.2d 668
2003 N.Y. App. Div. LEXIS 11146
Cited by 5 opinions  |  Published

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 plaintiffs motion and denied defendant’s cross motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

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 v Ackerman, 280 AD2d 355 [2001]). 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 AD2d 781 [1981], appeal dismissed 53 NY2d 1028 [1981], 54 NY2d 641 [1981]; see also Ruskin, Moscou, Evans & Faltischek v FGH Realty Credit Corp., 228[*669] AD2d 294, 295 [1996]) and are therefore merely conclusory (see Shea & Gould v Burr, 194 AD2d 369, 371 [1993]). Concur— Nardelli, J.P., Mazzarelli, Ellerin and Gonzalez, JJ.