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Lesnick Mazarin v. Cutler

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 367 (N.Y. App. Div. 1998)

Opinion

November 9, 1998

Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).


Ordered that the order is affirmed, with costs.

The appellant's attorney, as her agent, engaged the plaintiff accounting firm to perform work in connection with the action for a divorce between the appellant and her husband, the defendant Peter Cutler.

The appellant failed within a reasonable time to raise an objection to the invoices and statements which the plaintiff indisputably sent her attorney ( see, 1 N.Y. Jur 2d, Accounts and Accounting, § 19). Under the circumstances, that knowledge is imputed to the appellant and she is bound by such knowledge even if the information was never actually communicated to her ( see, Center v. Hampton Affiliates, 66 N.Y.2d 782, 784; Smalls v. Reliable Auto Serv., 205 A.D.2d 523).

Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.


Summaries of

Lesnick Mazarin v. Cutler

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 367 (N.Y. App. Div. 1998)
Case details for

Lesnick Mazarin v. Cutler

Case Details

Full title:LESNICK MAZARIN, Respondent, v. PETER CUTLER, Defendant, and SHARON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 9, 1998

Citations

255 A.D.2d 367 (N.Y. App. Div. 1998)
679 N.Y.S.2d 693

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