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SCHLAM STONE & DOLAN LLP v. TOUSSIE

651880/19. Appeal No. 12425. Case No. 2019-05120, 2019-05466.

188 A.D.3d 582 (2020)

132 N.Y.S.3d 638

2020 NY Slip Op 06874

Schlam Stone & Dolan LLP, Respondent-Appellant, v. Robert I. Toussie, Appellant-Respondent, et al., Defendants.

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

Decided November 19, 2020.

Plaintiff was entitled to summary judgment on its account stated claim, as it submitted documentary evidence showing that defendant Robert I. Toussie had "received and retained the invoice[s] without objection" (Perine Intl. Inc. v Bedford Clothiers, Inc., 143 A.D.3d 491, 493 [1st Dept 2016] [internal quotation marks omitted]). Toussie's own written statements refute his argument that plaintiff was unauthorized to represent him,...

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