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A.O. Textile Inc. v. SEP Plus Inc.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 23, 2008

A.O. TEXTILE INC., PLAINTIFF-APPELLANT,
v.
SEP PLUS INC., ET AL., DEFENDANTS-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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., Sweeny, McGuire, Renwick, Freedman, JJ.

119256/06

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]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081223

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