Anderson Kill, P.C. v. Board of Mgrs. Of Honto 88 Condominium, 192 A.D.3d 551, 551 (1st Dept. 2021).
Defendant's account stated counterclaim requires defendant to show that it sent invoices to plaintiff to which plaintiff failed to object. Garr Silpe, P.C. v. Weir, 208 A.D.3d 1098, 1099 (1st Dep't 2022); Anderson Kill, P.C. v. Bd. of Mgrs. of Honto 88 Condominium, 192 A.D.3d 551, 551 (1st Dep't 2021). The parties do not dispute that plaintiff sent defendant an invoice dated February 11, 2016, seeking $381,120.
C.P.L.R. ยง 3211(e). Anderson Kill, P.C. v. Board of Mars, of Honto 88 Condominium, 192 A.D.3d 551, 551 (1st Dep't 2021); Clermont v. Abdelrehim, 151 A.D.3d 495, 49.5 (1st Dep't 2017); Luver Plumbing & Heating, Inc. v. Mo's Plumbing & heating, 144 A.D.3d 587, 588 (1st Dep't 2016); Tannenaum Helpern Syracuse &' Hirschtritt LLP v. DeHeng Law Offs., 127 A.D.3d 564, 565 (1st Dep't 2015). Defendants' fourth and fifth affirmative defenses, plaintiff's breach of the contract and its cupable conduct, are based on plaintiff purchasing the equipment directly from Technogym USA.
Moreover, it appears that to the extent the NHS mortgage was assigned to Astoria, plaintiff's predecessor, it was ratified by subsequent modification agreements by the defendant by which the payments were reduced. Any claim of lack of personal jurisdiction was waived by failing to raise it by motion within 60 days of its answer ( CPLR 3211[e] ; Anderson Kill, P.C. v. Bd. of Mgrs. of Honto 88 Condominium , 2021 NY App. Div. LEXIS 1850, 192 A.D.3d 551, 2021 WL 1094063 [1st Dept. 2021].)