HOYNIAK v. ACTON


271 A.D.2d 892 (2000)

706 N.Y.S.2d 766

VAL HOYNIAK, Respondent, v. EDWARD J. ACTON, Also Known as JAY ACTON, Appellant.

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

Decided April 27, 2000.


Carpinello, J.

In 1995, plaintiff performed construction work for defendant in the amount of $129,327. To date, he has only received partial payments for this work and a balance of $69,327 remains outstanding. In this action commenced by plaintiff to recover these funds, Supreme Court granted plaintiff summary judgment on an account stated basis. Following an unsuccessful motion for reconsideration, defendant appeals. We affirm.

The undisputed facts in the...

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