Brickman v. Niagara Fruit Co.

The plaintiff moves for summary judgment pursuant to CPLB 3213 on the ground that there is no defense to the cause of action alleged in the moving papers.

The summons was accompanied by a notice of motion, supported by an affidavit of the plaintiff, stating that suit was brought to recover a debt in the amount of $7,944 on an account stated between plaintiff and defendant for goods sold defendant by the plaintiff between April 25, 1970 and October 23, 1970; and that since October 23, 1970 there has been no payment on the account, leaving a balance due of $7,944. A copy of the accounts due is…