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PETER R. GINSBERG LAW, LLC v. J&J SPORTS AGENCY, LLC

11174, 161430/17.

181 A.D.3d 430 (2020)

116 N.Y.S.3d 902

2020 NY Slip Op 01468

Peter R. Ginsberg Law, LLC, Respondent, v. J&J Sports Agency, LLC, et al., Appellants.

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

Decided March 3, 2020.

Plaintiff's motion for summary judgment in lieu of complaint should have been denied. The invoices do not qualify for CPLR 3213 relief because it is necessary to consult extrinsic evidence aside from the invoices and proof of nonpayment in order for plaintiff to establish its entitlement to summary judgment on its account stated claim (see PDL Biopharma, Inc. v Wohlstadter, 147 A.D.3d 494, 495 [1st Dept 2017]). Plaintiff has failed...

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