New York Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees - Breach of Oral or Implied Contracts

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US-02006BG
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Description

An open account is created when the parties intend that the individual items of the account will not be considered independently, but as a connected series of transactions. In addition, the parties must intend that the account will be kept open and subject to a shifting balance as additional related entries of debits and credits are made, until either party decides to settle and close the account. In an open account, there is but one single and indivisible liability arising from the series of related and reciprocal debits and credits. This single liability is to be fixed at the time of settlement, or following the last pertinent entry of the account.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Ask your lawyer to fix their fee. The most obvious way to reduce how much you pay is by asking your lawyer to provide you with a competitive fixed fee for their services. Lawyers, particularly in litigation, rarely offer this.

Suing for legal fees is common in many lawsuits. However, just because you sue for legal fees doesn't mean the judge will give them to you. Some states have laws that require the party that loses a lawsuit to pay the winning side's legal fees in certain cases. These are called prevailing party provisions.

Generally, there are three different ways that attorneys charge fees: first, on a contingency basis; second, on an hourly basis; and, third, on a fixed fee basis.

Lawyers in New York typically charge between $158 and $677 per hour, with the average being $358. For comparison, District of Columbia has the highest average hourly rate at $392 while West Virginia has the lowest average hourly rate at $162.

On average, real estate attorney fees for closing in New York will run you between $2,000 to $3,000 per transaction. However, fees depend on the attorney, the deal's complexity, and what part of NY the property is. Each attorney has different rates, and there is no set amount that every homeowner must pay.

In addition, New York's courts have consistently upheld contract provisions that allow parties to recover their attorneys' fees where that remedy is provided for by contract.

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New York Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees - Breach of Oral or Implied Contracts