Opinion
2178.
Decided February 10, 2004.
Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about October 1, 2002, which, to the extent appealed from, granted plaintiff's motion for summary judgment on its tenth cause of action, for an account stated, unanimously affirmed, with costs.
Steven E. Stein, for Plaintiff-Respondent.
David N. Cohen, for Defendant-Appellant.
Before: Buckley, P.J., Mazzarelli, Andrias, Sullivan, Marlow, JJ.
The court properly granted plaintiff's motion for summary judgment on its cause of action for an account stated. Defendant's conclusory affidavit in opposition to the motion was insufficient to raise a triable issue as to whether plaintiff's statement of account was in fact disputed by defendant.
( see Morrison Cohen Singer Weinstein, LLP v. Ackerman, 280 A.D.2d 355; Ruskin, Moscou, Evans Faltischek, P.C. v. FGH Realty Credit Corp., 228 A.D.2d 294).
Plaintiff's remaining arguments are unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.