Contrary to defendants' assertions, the record reveals that plaintiff law firm was entitled to legal fees and disbursements totaling $131,441 in connection with the services rendered on behalf of defendants on the Mount Neboh Synagogue Project and was entitled to additional fees and disbursements for legal services rendered on their behalf in connection with the separate Sea Breeze Project.
Specifically, defendants' receipt and retention of plaintiff's accounts, without objection within a reasonable time, and agreement to pay a portion of the indebtedness, gave rise to an actionable account stated, thereby entitling plaintiff to summary judgment in its favor (see, Rosenman Colin Freund Lewis Cohen v. Neuman, 93 A.D.2d 745, 746; Fink, Weinberger, Fredman, Berman Lowell v. Petrides, 80 A.D.2d 781, appeal dismissed 53 N.Y.2d 1028).
Similarly, the Supreme Court did not abuse its discretion in dismissing defendants' defenses pursuant to the March 9, 1988 and September 6, 1988 preclusion orders based upon defendants' evasive and uncooperative conduct in willfully ignoring discovery demands and in thereafter failing to comply with the court's conditional orders (see, Zletz v. Wetanson, 67 N.Y.2d 711, 713; Crowley v. Montefiore Hosp. Med. Center, 128 A.D.2d 443, 444).
Concur — Murphy, P.J., Sullivan, Milonas, Rosenberger and Asch, JJ.