Hoyniak v. Acton

Appeals (1) from an order of the Supreme Court (Kane, J.), entered April 20, 1999 in Sullivan County, which, inter alia, granted plaintiff partial summary judgment on the second cause of action for an account stated, (2) from the judgment entered thereon, and (3) from an order of said court, entered June 23, 1999 in Sullivan County, which denied defendant’s motion for reconsideration.

In 1995, plaintiff performed construction work for defendant in the amount of $129,327. To date, he has only received partial payments for this work and a balance of $69,327 remains outstanding. In this action…