On October 13, 2016, Justice Oing of the New York County Commercial Division issued a decision in Builders Group 1 LLC v. WY Management LLC, 2016 NY Slip Op. 31932(U), holding that oral disputes of invoices precludes summary judgment on account stated claim, explaining:
As for the account stated claims, Figliolia argues that Yanko’s claim that he objected to plaintiff’s invoices is belied by the documentary evidence and that WY has not provided a single specific email, letter or other communication rejecting or disputing the invoice. While self-serving, bald allegations of oral protests are insufficient to raise a triable issue of fact in an account stated claim, Figliolia does not deny Yanko’s claim that he reached out to Figlidlia, specifically, to dispute the invoices. Thus, factual issues exist as to whether WY disputed the invoices in a timely manner.
(Internal quotations and citations omitted).