Shapiro v. Fox-Rich Textiles, Inc.

—Order, Supreme Court, New York *365County (Carol Arber, J.), entered on or about January 25, 1994, which denied plaintiffs motion for summary judgment, unanimously affirmed, without costs.

Plaintiff is not entitled to judgment pursuant to CPLR 3016 (f) as the papers submitted in opposition to the motion for summary judgment suffice to controvert plaintiff’s right to summary judgment (Belcher Co. v Etzkowitz, 90 AD2d 783; Slavenburg Corp. v Rudes, 86 AD2d 517, 518). Nor has plaintiff met his burden of demonstrating a right to judgment as a matter of law on an account stated theory in light of the…