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RPI PROFESSIONAL ALTERNATIVES, INC. v. CITIGROUP GLOBAL MARKETS INC.

61 A.D.3d 618 (2009)

878 N.Y.S.2d 36

RPI PROFESSIONAL ALTERNATIVES, INC., Doing Business as RESPONSE COMPLIANCE AND REGULATORY SERVICES, Respondent, v. CITIGROUP GLOBAL MARKETS INC., Appellant.

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

Decided April 30, 2009.

Damages were awarded on an account stated, based on 68 invoices sent to defendant in connection with four distinct projects. Plaintiff established its prima facie entitlement to summary judgment by submitting evidence that invoices were received and retained by defendant without a reasonably timely objection (see Manhattan Telecom. Corp. v Best Payphones, 299 A.D.2d 178, 179 [2002],

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