GPI Entertainment, LLC v. Aviv Façade Solutions

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about June 25, 2015, which denied plaintiff’s motion for partial summary judgment dismissing defendant West Side Windows’ counterclaims for account stated and quantum meruit, unanimously affirmed, without costs.

Plaintiff failed to make a prima facie showing of its entitlement to summary judgment dismissing defendant’s counterclaim for account stated, as it submitted no evidence, testimonial or otherwise, that it did not receive the invoices at issue, and issues of fact exist as to whether plaintiff’s protests regarding…