Opinion
No. 4901.
December 23, 2008.
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered on or about April 28, 2008, which, insofar as appealed from, denied plaintiff's motion for summary judgment or partial summary judgment on its cause of action for an account stated, unanimously affirmed, with costs.
McGovern Doherty Kim, PLLC, New York (Kyu O. Kim of counsel), for appellant.
Collier Basil, P.C., New York (Robert J. Basil of counsel), for respondents.
Before: Friedman, J.P., Sweeny, McGuire, Renwick and Freedman, JJ.
Plaintiff failed to establish as a matter of law that defendants either agreed with its statement of the balance of the indebtedness or admitted to owing a lesser amount ( see Herrick, Feinstein v Stamm, 297 AD2d 477, 478).