Opinion
2002-06996
Submitted May 20, 2003.
June 9, 2003.
In an action to recover damages for breach of contract and for an account stated, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Whelan, J.), dated May 15, 2002, which denied its motion for summary judgment.
Amos Weinberg, Great Neck, N.Y., for appellant.
Fischetti Pesce, LLP, Garden City, N.Y. (Frank V. Pesce of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiff's motion for summary judgment, as it failed to meet its burden of establishing a prima facie entitlement to judgment as a matter of law (see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851; Zuckerman v. City of New York, 49 N.Y.2d 557, 562).
FEUERSTEIN, J.P., FRIEDMANN, LUCIANO and TOWNES, JJ., concur.