From Casetext: Smarter Legal Research

Joseph Carino Plumbing Heating v. Costa

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 5, 1990
166 A.D.2d 930 (N.Y. App. Div. 1990)

Opinion

October 5, 1990

Appeal from the Supreme Court, Erie County, Sedita, J.

Present — Doerr, J.P., Denman, Boomer, Pine and Lawton, JJ.


Order unanimously affirmed with costs. Memorandum: In support of its motion for summary judgment, plaintiff has set forth in evidentiary form all of the elements of an account stated. Defendant, in his opposing papers, has failed to submit evidence sufficient to raise a question of fact to defeat the motion (see, Chisholm-Ryder Co. v. Sommer Sommer, 70 A.D.2d 429, 431). Defendant states that the amounts of the bills are excessive. He does not, however, refute plaintiff's evidence that plaintiff sent detailed invoices and monthly statements to defendant over a period of many months, that defendant never objected to the invoices and statements (except to the addition of "finance charges"), and that defendant made partial payments on the account.


Summaries of

Joseph Carino Plumbing Heating v. Costa

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 5, 1990
166 A.D.2d 930 (N.Y. App. Div. 1990)
Case details for

Joseph Carino Plumbing Heating v. Costa

Case Details

Full title:JOSEPH CARINO PLUMBING HEATING, INC., Respondent, v. LAWRENCE J. COSTA…

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

Date published: Oct 5, 1990

Citations

166 A.D.2d 930 (N.Y. App. Div. 1990)
561 N.Y.S.2d 672