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Lennox Industries, Inc. v. T.M. Bier & Associates, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1994
201 A.D.2d 539 (N.Y. App. Div. 1994)

Opinion

February 14, 1994

Appeal from the Supreme Court, Nassau County (Collins, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the plaintiff satisfied its initial burden of coming forward with admissible evidence to support its motion for summary judgment on an account-stated theory. The defendant, however, failed to demonstrate, by similarly sufficient evidence, the existence of a factual issue requiring a trial of the action. Therefore, the plaintiff's motion for summary judgment was properly granted (see, CPLR 3212 [b]; Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065, 1067; Bell-Tronics Communications v. Winkler, 178 A.D.2d 455; Kruger Pulp Paper Sales v. Intact Containers, 100 A.D.2d 894).

The defendant's remaining contentions are without merit. Mangano, P.J., Balletta, Friedmann and Florio, JJ., concur.


Summaries of

Lennox Industries, Inc. v. T.M. Bier & Associates, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1994
201 A.D.2d 539 (N.Y. App. Div. 1994)
Case details for

Lennox Industries, Inc. v. T.M. Bier & Associates, Inc.

Case Details

Full title:LENNOX INDUSTRIES, INC., Respondent, v. T.M. BIER ASSOCIATES, INC.…

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

Date published: Feb 14, 1994

Citations

201 A.D.2d 539 (N.Y. App. Div. 1994)
609 N.Y.S.2d 816

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