Santora & McKay v. Mazzella

Order of the Supreme Court, New York County (Harold Baer, Jr., J.), entered October 28, 1991, denying plaintiffs motion for partial summary judgment on an account stated, unanimously affirmed, without costs.

The trial court properly denied the motion for partial summary judgment because questions of fact remain as to whether defendant disputed the correctness of the invoices sent by plaintiff. First, defendant claims that in telephone conversations with attorneys at plaintiffs office he communicated his dissatisfaction with a certain legal report prepared for him. Plaintiff has not…