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GITTELMAN & COMPANY, P.C., plf-res, v. PENTA RESTORATION CORP., CHRISTOPHER FILLAS AND NICHOLAS FILLAS, def-ap

12-494. GITTELMAN & COMPANY, P.C., plf-res, v. PENTA RESTORATION CORP., CHRISTOPHER FILLAS AND NICHOLAS FILLAS, def-ap. — Judgment (Kathryn E. Freed, J.), entered December 7, 2011, affirmed, with $25 costs.

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12-494. GITTELMAN & COMPANY, P.C., plf-res, v. PENTA RESTORATION CORP., CHRISTOPHER FILLAS AND NICHOLAS FILLAS, def-ap. — Judgment (Kathryn E. Freed, J.), entered December 7, 2011, affirmed, with $25 costs.

We sustain the grant of plaintiff’s motion for summary judgment on its account stated cause of action. The undisputed record evidence demonstrates that plaintiff provided accounting services to the corporate defendant and mailed defendant detailed monthly billing statements, and that defendant received and retained the invoices without objection (see RPI Professional Alternatives v. Citigroup Global Mkts. Inc., 61 AD3d 618 [2009]). Defendant’s reliance on claimed oral objections to the invoices, with no specificity as to the time of any such objections or the content of the conversations in which they were made, were insufficient to raise an issue of fact (see Stephanie R. Cooper, P.C. v. Robert, 78 AD3d 572, 573 [2010]). Further, defendant’s conclusory claim that it orally notified plaintiff that it “will no longer be requiring [plaintiff's] services” was contradicted by its actions in entering into a new agreement with plaintiff shortly thereafter (see Berkman Bottger & Rodd, LLP v. Moriarty, 58 AD3d 539 [2009]).

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