VANZO WHOLESALE FOOD EQUIPMENT, INC. v. 28 McEWAN STREET, LLC

2013-11536, Index No. 10587/12.

132 A.D.3d 754 (2015)

18 N.Y.S.3d 90

2015 NY Slip Op 07490

VANZO WHOLESALE FOOD EQUIPMENT, INC., Respondent, v. 28 McEWAN STREET, LLC, Doing Business as FRATELLOS BRICK OVEN PIZZA, Appellant.

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

Decided October 14, 2015.


In an action, inter alia, to recover on an account stated, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Marx, J.), dated October 1, 2013, as granted the plaintiff's motion for summary judgment on the complaint.

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

In support of its motion for summary judgment on the complaint, the plaintiff submitted the affidavit of its president...

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