Opinion
2004245 QC
Decided March 31, 2005.
Appeal by plaintiff from an order of the Civil Court, Queens County (J. Golia, J.), entered May 20, 2003, which denied its motion for partial summary judgment.
Order unanimously reversed without costs and plaintiff's motion for partial summary judgment in the sum of $8,328 upon its breach of contract cause of action granted.
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
Plaintiff commenced this action to recover the sum of $9,293 based on theories of breach of contract and account stated. The court denied plaintiff's motion for partial summary judgment in the sum of $8,328 and this appeal ensued.
In support of its motion for partial summary judgment upon the breach of contract cause of action, plaintiff established the existence of an agreement as to the various prices to be charged for disposing of different types of construction debris and the basis for billing defendant at the contested price. While defendant asserted that there were issues of fact regarding the composition of the construction debris, the authenticity of the signatures of its drivers upon the delivery receipts, and whether it was billed at a proper price level, defendant proffered mere speculation in support thereof and failed to offer evidence in admissible form from a person with personal knowledge as to the composition of the construction debris dumped at plaintiff's facility or of the contested signatures. As a result, plaintiff was entitled to summary judgment in the sum of $8,328 upon its breach of contract cause of action ( see Zuckerman v. City of New York, 49 NY2d 557; Regan v. City of New York, 8 AD3d 462).