A.O. Textile Inc. v SEP Plus Inc.
2008 NY Slip Op 10058 [57 AD3d 397]
December 23, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


A.O. Textile Inc., Appellant,
v
SEP Plus Inc. et al., Respondents.

—[*1] McGovern Doherty & Kim, PLLC, New York (Kyu O. Kim of counsel), for appellant.

Collier & Basil, P.C., New York (Robert J. Basil of counsel), for respondents.

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered on or about April 28, 2008, which, insofar as appealed from, denied plaintiff's motion for summary judgment or partial summary judgment on its cause of action for an account stated, unanimously affirmed, with costs.

Plaintiff failed to establish as a matter of law that defendants either agreed with its statement of the balance of the indebtedness or admitted to owing a lesser amount (see Herrick, Feinstein v Stamm, 297 AD2d 477, 478 [2002]). Concur—Friedman, J.P., Sweeny, McGuire, Renwick and Freedman, JJ.