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TAUBER SPIEVAK & WAGNER, LLP v. ALNWICK

33 A.D.3d 562 (2006)

825 N.Y.S.2d 439

COHEN TAUBER SPIEVAK & WAGNER, LLP, Respondent, v. JEFFREY ALNWICK et al., Appellants.

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

Decided October 31, 2006.

Plaintiff demonstrated entitlement to summary judgment on its claim for an account stated, and defendants failed to establish the existence of admissible evidence that would raise genuine issues of fact (see Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]). Defendants received plaintiff's invoices from 2000 through September 15, 2003 without objection, and made partial payments thereon (see Shea & Gould v Burr,

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