| Buckley Staffing v Carlebach |
| 2009 NY Slip Op 51484(U) [24 Misc 3d 135(A)] |
| Decided on July 14, 2009 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court of the City of New York, New York
County (Jose A. Padilla, Jr., J.), entered September 28, 2007, which denied its motion for
summary judgment.
Per Curiam.
Order (Jose A. Padilla, Jr., J.), entered September 28, 2007, reversed, with $10 costs, and plaintiff's motion for summary judgment in the principal sum of $2,528.01 is granted. The Clerk is directed to enter judgment accordingly.
Plaintiff demonstrated entitlement to summary judgment on its claim for an account stated,
defendant having failed to object to the series of invoices rendered by plaintiff and having made
partial payment thereon (see Shea & Gould v Burr, 194 AD2d 369 [1993]). In
opposition, defendant failed to raise an issue of fact. Defendant's vaguely described oral
objections to the temporary employee's job performance were insufficient to defeat summary
judgment, in the absence of any detailed allegations as to when the claimed objections were
made or the specific substance of the conversations (see Zanani v Schvimmer, 50 AD3d
445, 446 [2008]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 14, 2009