Opinion
June 8, 1995
Appeal from the Supreme Court, New York County (Herman Cahn, J.).
Summary judgment was properly granted to plaintiff on his cause of action for an account stated, in view of defendant's failure to object to the invoices plaintiff sent her and her payment of a portion of the indebtedness both before and after commencement of the action ( Davis Markel Edwards v. Solomon, 204 A.D.2d 182; Shea Gould v. Burr, 194 A.D.2d 369). The order of attachment was properly granted pursuant to CPLR 6201 (3), based upon plaintiff's proof that defendant was attempting to frustrate the judgment by assigning art work that constituted the bulk of her assets in this State ( see, Societe Generale Alsacienne De Banque v. Flemingdon Dev. Corp., 118 A.D.2d 769, 773).
Concur — Murphy, P.J., Rosenberger, Wallach, Williams and Tom, JJ.