Opinion
570558/08.
Decided July 14, 2009.
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.
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.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
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). 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).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.