1492 REALTY CORP. v. SUMMIT RENOVATION CORP.


259 A.D.2d 603 (1999)

686 N.Y.S.2d 811

1492 REALTY CORP., Plaintiff, v. SUMMIT RENOVATION CORP. et al., Defendants, and A & B McKEON GLASS, Defendant and Third-Party Plaintiff-Appellant. EPOS CONTRACTING CORP., Third-Party Defendant-Respondent.

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

Decided March 15, 1999.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is remitted to the Supreme Court, Richmond County, for the entry of a judgment in favor of the appellant and against the respondent in the principal sum of $35,345.

The appellant's motion for summary judgment should have been granted. The appellant presented sufficient evidence of an account stated in the amount of $35,345. The respondent admitted that, pursuant to the...

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