LENNOX INDUS., INC. v. T.M. BIER & ASSOCS., INC.


201 A.D.2d 539 (1994)

609 N.Y.S.2d 816

Lennox Industries, Inc., Respondent, v. T.M. Bier & Associates, Inc., Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 14, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the plaintiff satisfied its initial burden of coming forward with admissible evidence to support its motion for summary judgment on an account-stated theory. The defendant, however, failed to demonstrate, by similarly sufficient evidence, the existence of a factual issue requiring a trial of the action. Therefore, the plaintiff's motion for summary judgment...

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