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KRAMER LEVIN NAFTALIS & FRANKEL LLP v. CANAL JEAN CO., INC.

2610, 116300/08

73 A.D.3d 604 (2010)

900 N.Y.S.2d 646

KRAMER LEVIN NAFTALIS & FRANKEL LLP, Appellant, v. CANAL JEAN CO., INC., et al., Respondents.

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

Decided May 25, 2010.

Defendants' statements that they made oral protests about the invoices in question during various meetings with plaintiff in March 2008 are facially insufficient to establish that they protested the invoices (Duane Morris LLP v Astor Holdings Inc., 61 A.D.3d 418, 419 [2009]). Indeed, these statements are contradicted by the fact that defendants made partial payments on the invoices...

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