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HESS 938 ST. NICHOLAS JUDGMENT LLC v. 936-938 CLIFFCREST HOUS. DEV. FUND CORP.

Index Nos. 153822/15, 595841/19, Appeal No. 16161, Case No. 2022-00100.

206 A.D.3d 514 (2022)

168 N.Y.S.3d 686

2022 NY Slip Op 03989

Hess 938 St. Nicholas Judgment LLC, Appellant, v. 936-938 Cliffcrest Housing Development Fund Corporation, Respondent/Third-Party Plaintiff-Respondent. Maverick Real Estate Partners LLC, Third-Party Defendant-Appellant.

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

Decided June 21, 2022.

Attorney(s) appearing for the Case

Kriss & Feuerstein, LLP, New York ( Michael V. Capellupo of counsel), for appellant.

The Kurland Group, New York ( Yetta G. Kurland of counsel), for respondent.

Concur—Gische, J.P., Friedman, González, Rodriguez, Pitt, JJ.

Plaintiff failed to establish its prima facie entitlement to summary judgment on its claim for account stated against Cliffcrest, the owner of the premises, as it established neither retention of bills without objection nor partial payment, either of which may give rise to an account stated (LePatner Project Solutions LLC v 320 W. 115 St., 192 A.D.3d 507, 508 [1st Dept 2021]). Plaintiff provided no evidence that it properly addressed and mailed account invoices to...

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