Pallette Stone Corp. v. Mangino

Mikoll, J. P.

Appeal from a judgment of the Supreme Court (Viscardi, J.), entered September 15, 1994 in Saratoga County, which granted plaintiffs motion for summary judgment.

Plaintiff sued defendants for $107,641.33 past due on defendant A.R.M. Construction Corporation’s account with plaintiff for the purchase of asphalt, cement and stone products. Defendants’ answer denied the allegations. Plaintiff then moved for summary judgment. In its answering affidavits, defendants challenged the accuracy of the balance due and contended, as well, that an oral agreement had been reached by the parties…