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PIERCE v. VICTOR

1 A.D.3d 247 (2003)

767 N.Y.S.2d 576

PHILIP PIERCE, Respondent, v. ADAM VICTOR et al., Appellants.

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

November 20, 2003.

No basis exists to disturb the trial court's finding discrediting the individual defendant's testimony that he orally objected to plaintiff's April 5, 1995 bill and subsequent written communications demanding its payment (see Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495 [1992]). It does not avail defendant that he objected to earlier bills that plaintiff deemed satisfied after reduced payments, and no portions of which were carried...

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