Opinion
July 11, 1994
Appeal from the Supreme Court, Nassau County (Yachnin, J.).
Ordered that the appeal from the order entered February 11, 1993, is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the order and judgment is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The defendant's receipt and retention of the plaintiff's invoices without objection within a reasonable period of time, gave rise to an actionable account stated entitling the plaintiff to summary judgment in his favor (see, Rockefeller Group v Edwards Hjorth, 164 A.D.2d 830; Rosenman Colin Freund Lewis Cohen v. Edelman, 160 A.D.2d 626; Fink, Weinberger, Fredman, Berman Lowell v. Petrides, 80 A.D.2d 781). The defendant's bald conclusory allegations in opposition were insufficient to defeat a motion for summary judgment. Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.