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WING HON PRECISION INDUS. LTD. v. DIAMOND QUASAR JEWELRY, INC.

4742, 652952/13.

154 A.D.3d 550 (2017)

2017 NY Slip Op 07325

64 N.Y.S.3d 1

WING HON PRECISION INDUSTRY LTD., Appellant, v. DIAMOND QUASAR JEWELRY, INC., Doing Business as JACOB & CO., et al., Respondents.

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

Decided October 19, 2017.

Defendants raised a triable issue of fact as to the account stated claim insofar as it is directed to the three invoices seeking payment for the cufflinks. They produced an email showing that they objected to these products, which were defective and in need of repair.

Defendants concede in their answer that they did not object to 33 separate invoices, representing an unpaid balance of $245,368.08. Further, the affidavit...

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