In an August 10, 2010, decision by Justice Bransten in connection with plaintiff-subcontractor’s action against defendant-general contractor to recover money due on a construction contract, and on plaintiff’s motion for summary judgment, the court granted plaintiff’s motion finding that it had made a prima facie showing of entitlement to judgment as a matter of law based on account stated by submitting evidence that it had sent defendant seven invoices for services rendered, some of which defendants had made partial payment and all of which defendant had assured full payment. The court found that defendant’s submission of an attorney affirmation asserting a defense based on condition precedent was without merit because the affirmation was not accompanied by admissible documentary evidence and because plaintiff had submitted contrary evidence that defendant had imposed no such conditions on payment under the parties’ contract. The court also found defendant’s letter objecting to the invoices, sent a year and a half after the last invoice, was not timely for purposes of defeating a claim based on account stated.