| Professional Adv., Inc. v Intercontinental Capital Group, Inc. |
| 2014 NY Slip Op 00074 [113 AD3d 412] |
| January 7, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Professional Advertising, Inc., Doing Business as Mail
Wholesale, Respondent, v Intercontinental Capital Group, Inc., Appellant. |
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Stein & Stein, LLP, Haverstraw (Ari J. Stein of counsel), for respondent.
Order, Supreme Court, New York County (Melvin Schweitzer, J.), entered June 6, 2012, which granted plaintiff's motion for summary judgment on its complaint and defendant's counterclaims, deemed appeal from judgment, same court and Justice, entered August 13, 2011, awarding plaintiff $186,939.92 and dismissing the counterclaims, and so considered, said judgment is unanimously affirmed, without costs.
In this action for an account stated, the motion court properly granted plaintiff's 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 New York, 49 NY2d 557, 562 [1980]; see Scheichet & Davis, P.C., 93 AD3d at 478). The motion court also properly dismissed defendant's counterclaims, which are based on the same conclusory assertions. Concur—Sweeny, J.P., Acosta, Saxe, Moskowitz and Clark, JJ.