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NOUVEAU ELEVATOR INDUSTRIES, INC. v. TRACEY TOWERS HOUSING CO.

Nos. 7659, 381012/09.

95 A.D.3d 616 (2012)

944 N.Y.S.2d 119

2012 NY Slip Op 3778

NOUVEAU ELEVATOR INDUSTRIES, INC., Appellant, v. TRACEY TOWERS HOUSING CO., Also Known as TRACY TOWERS, CO., INC., et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 15, 2012.

Plaintiff demonstrated entitlement to a default judgment on the first cause of action for account stated as against Tracey Towers Housing Co. by submitting proof of service, proof of default, and proof that it presented Tracey Towers Co. with an account balance of $2,314,955.43 without objection (see CPLR 306, 3215; Gurney, Becker & Bourne v Benderson Dev. Co., 47 N.Y.2d 995, 996 [1979]; Interman Indus. Prods. v R....

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