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RICHARD FRIEDMAN ASSOCIATES, CPA PC, Appellant-Respondent, v. SUSAN WELSHER JERESKI, Respondent-Appellant.

With exceptions not here at issue, the subject retainer agreement clearly required payment, without reduction, of the invoiced amounts for accounting services rendered by plaintiff to defendant. Defendant admitted that she was satisfied with plaintiff's services and failed to establish a defense to payment therefor ( see Brignoli v. Balch, Hardy Scheinman, 178 AD2d 290), either on the ground of excessiveness or duress. Inasmuch as the retainer agreement also entitled plaintiff to recover attorneys' fees incurred in collecting amounts due thereunder, plaintiff's claim for an award of such fees should have been granted to the extent that the legal fees incurred by plaintiff are reasonable. Finally, prejudgment interest on the award of accounting fees should be awarded from August 13, 2003, the date of the last invoice (CPLR 5001; see also Spodek v. Park Prop. Dev. Assoc., 96 NY2d 577, 581; see also Advanced Retail Mktg. v. News Am. Mktg. FSI, 303 AD2d 231).

We have considered defendant's remaining arguments for affirmative relief and find them unavailing.

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RICHARD FRIEDMAN ASSOCIATES v. JERESKI
(Feb 28, 2006)