Empire State Fuel Corp. v. 2683 Morris Associates, LLC

OPINION OF THE COURT

Memorandum.

Ordered that the order is affirmed, without costs.

The verified complaint in this action alleged that, at the request of defendant’s managing agent, plaintiff agreed to sell fuel to defendant and to deliver the fuel to premises owned by defendant, and thereafter opened an account for the delivery of fuel to the premises. The complaint specifically invoked CPLR 3016 (f). Exhibit A, annexed to the complaint, purported to itemize “all deliveries, services, late charges and payments.” Exhibit B annexed to the complaint, which was described in the complaint as…