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MILLER v. NADLER

60 A.D.3d 499 (2009)

875 N.Y.S.2d 461

GRAUBARD MILLER, Respondent, v. RONALD I. NADLER, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 17, 2009.

Plaintiff law firm established entitlement to summary judgment on its claim for an account stated by production of documentary evidence showing that defendant received and retained the invoice without objection (see Federal Express Corp. v Federal Jeans, Inc., 14 A.D.3d 424 [2005]). Defendant's "self-serving, bald allegations of oral protests were insufficient to raise a triable issue of fact as to the existence of an account stated...

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