BOY RAZOGLU TARIM TICARET SANAYI LTD STI v. INGREDIENTRADE COM INC (2024)

Order, Supreme Court, New York County (Dakota D. Ramseur, J.), entered April 20, 2023, which granted plaintiff's motion for summary judgment on its breach of contract claim and directed entry of judgment in the amount of $131,405.85, unanimously affirmed, with costs.

Plaintiff met its prima facie burden of demonstrating that defendants owed it $131,405.85 for shipments of apple juice concentrate.  In opposition, defendants admitted that it owed $103,880.15 but asserted unsubstantiated claims to credits amounting to about $27,436.  Absent any business records or other documents supporting defendants’ credit claims, the court properly granted plaintiff's motion for summary judgment (see Republic W. Ins. Co. v. RCR Bldrs., 268 A.D.2d 574, 575, 702 N.Y.S.2d 609 [2d Dept. 2000];  see generally Trager Glass & Co. v. Statbrook Contr. Corp., 197 A.D.2d 476, 602 N.Y.S.2d 848 [1st Dept. 1993];  cf.  IRB–Brasil Resseguros S.A. v. Eldorado Trading Corp. Ltd., 68 A.D.3d 576, 577, 891 N.Y.S.2d 362 [1st Dept. 2009]).