Dynaforce v. Bruno GMC Truck Sales Corp.

Full title: DYNAFORCE, Respondent, v. BRUNO GMC TRUCK SALES CORP., Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 22, 1996

223 A.D.2d 618 (N.Y. App. Div. 1996)

637 N.Y.S.2d 315

Opinion

January 22, 1996

Appeal from the Supreme Court, Kings County (Ramirez, J.).

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

Under the circumstances of this case, the Supreme Court improperly granted the plaintiff's motion for summary judgment. In its opposition papers, the defendant submitted evidence of an oral objection to the account rendered, which is sufficient on a motion for summary judgment to rebut any inference of an implied agreement to pay the stated amount (see, Sandvoss v Dunkelberger, 112 A.D.2d 278, 279). Mangano, P.J., Miller, Copertino, Santucci and Hart, JJ., concur.