Plaintiff failed to make a prima facie showing of its entitlement to summary judgment dismissing defendant's counterclaim for account stated, as it submitted no evidence, testimonial or otherwise, that it did not receive the invoices at issue, and issues of fact exist as to whether plaintiff's protests regarding defendant's work, including the commencement of this action, related to any such invoice or were made in a reasonable time (see Bartning v Bartning,
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GPI ENTERTAINMENT, LLC v. AVIV FAÇADE SOLUTIONS
2082, 156610/12.
144 A.D.3d 409 (2016)
2016 NY Slip Op 07121
40 N.Y.S.3d 404
GPI ENTERTAINMENT, LLC, Appellant, v. AVIV FAÇADE SOLUTIONS, Defendant, and WEST SIDE WINDOWS, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 1, 2016.
Decided November 1, 2016.
Appellate Division of the Supreme Court of New York, First Department.
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