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COLLIER, COHEN, CRYSTAL & BOCK v. MacNAMARA

237 A.D.2d 152 (1997)

655 N.Y.S.2d 10

Collier, Cohen, Crystal & Bock, Respondent, v. Francis W. MacNamara, Appellant

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

March 13, 1997

On a motion for summary judgment, evidence of an oral objection, with some specificity, to an account rendered is sufficient to rebut any inference of an implied agreement to pay the stated amount (Shea & Gould v Burr, 194 A.D.2d 369, 371; Rosenman Colin Freund Lewis & Cohen v Edelman, 160 A.D.2d 626, lv denied 77 N.Y.2d 802). In the matter at bar, the IAS Court erred when...

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