Legal Opinion

Professional Advertising, Inc. v. Intercontinental Capital Group, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 7, 2014Published

1Opinion of the Court

*413In this action for an account stated, the motion court properly granted plaintiffs motion for summary judgment based on the documentary evidence showing that defendant “ ‘received, retained without objection, and partially paid invoices without protest’ ” (see Scheichet & Davis, P.C. v Nohavicka, 93 AD3d 478 [1st Dept 2012]; Gamiel v Curtis & Reiss-Curtis, P.C., 60 AD3d 473, 474 [1st Dept 2009], lv dismissed 13 NY3d 763 [2009]). Defendant’s challenges to the documentary evidence are without merit since they are “mere conclusions, expressions of hope or unsubstantiated” (Zuckerman v City of…

2Cases cited3 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Scheichet & Davis, P.C. v. NohavickaAppellate Division of the Supreme Court of the State of New York · 2012
  3. Gamiel v. Curtis & Reiss-CurtisAppellate Division of the Supreme Court of the State of New York · 2009

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