Opinion
May 20, 1996
Appeal from the Supreme Court, Nassau County (Murphy, J.).
Ordered that the appeal from the judgment is dismissed, as the judgment was superseded by the order dated November 9, 1995, made upon reargument; and it is further,
Ordered that the order dated November 9, 1995, is affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded costs.
The evidence submitted by the corporate plaintiff, consisting of an affidavit prepared by its president and various invoices which the plaintiff sent the defendant, made out a prima facie case that the defendant failed to pay for goods it purchased from the plaintiff.
The unsubstantiated allegations set forth in the defendant's submissions, inter alia, to the effect that a contract did not exist between the parties, were insufficient to defeat the motion ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.