BRACKEN MARGOLIN LLP v. SCHAMBRA (2000)

In an action to recover upon an account stated, the defendant appeals from a judgment of the Supreme Court, Suffolk County (Oshrin, J.), entered May 13, 1999, which, upon an order of the same court, dated February 8, 1999, granting the plaintiff's motion for summary judgment, is in favor of the plaintiff and against him in the principal sum of $44,560. 91.

ORDERED that the judgment is affirmed, with costs.

The plaintiff established its prima facie right to judgment in its favor as a matter of law upon proof that the defendant received and retained, without objection, the invoices that the plaintiff sent him seeking payment for professional services rendered (see, Sullivan v. REJ Corp., 255 A.D.2d 308, 679 N.Y.S.2d 343;  R.A. Assocs. v. Lerner, 245 A.D.2d 437, 666 N.Y.S.2d 665;  Trans Intl. Corp. v. P.T. Imports, 240 A.D.2d 398, 658 N.Y.S.2d 1016;  Ruskin, Moscou, Evans & Faltischek v. FGH Realty Credit Corp., 228 A.D.2d 294, 644 N.Y.S.2d 206;  Shea & Gould v. Burr, 194 A.D.2d 369, 598 N.Y.S.2d 261).   In addition, approximately four years before the commencement of this action, the defendant executed an acknowledgment which unconditionally reaffirmed his promise to pay the amount sought by plaintiff (see, General Obligations Law § 17-101).

As the defendant's opposition was insufficient to raise a material issue of fact which would require a trial, the Supreme Court properly granted the plaintiff's motion for summary judgment (see generally, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 508 N.Y.S.2d 923, 501 N.E.2d 572).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.