Justice Tolub
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PLAINTIFF law firm sought to recover fees for services rendered to defendant. Defendant moved for dismissal, or alternatively sought to transfer the action to Nassau County to be joined with a pending action captioned Malekan v. Tehrani. Plaintiff contended defendant neither objected to any of the bills, nor were any ever paid, resulting in plaintiff’s successful application to be relieved as defendant’s counsel in both its bankruptcy and Nassau actions. The court noted that contrary to defendant’s arguments, even without having annexed a copy of the retainer agreement to the complaint, plaintiff has pleaded the necessary claims for breach of contract, and made sufficient statements to give all parties adequate notice of the transactions upon which the claim was based. The court also noted defendant’s claim that there was no cause of action for account stated was incorrect. It stated that inasmuch as the complaint and supporting papers met the necessary requirements, plaintiff’s second cause of action may also proceed, including the claim for fees. The court also declined to transfer the matter to Nassau County, denying defendant’s motion to dismiss entirely.
