Opinion
November 2, 1998
Appeal from the Supreme Court, Suffolk County, (Doyle, J.).
Ordered that the order and judgment is affirmed, with costs.
The defendants' receipt and retention of the plaintiff's bills without objection within a reasonable period of time gave rise to an actionable account stated entitling the plaintiff to summary judgment (see, Jim-Mar Corp. v. Aquatic Constr., 195 A.D.2d 868; Shea Gould v. Burr, 194 A.D.2d 369, 371; Rockefeller Group v. Edwards Hjorth, 164 A.D.2d 830; Rosenman Colin Freund Lewis Cohen v. Edelman, 160 A.D.2d 626; Fink, Weinberger, Fredman, Berman Lowell v. Petrides, 80 A.D.2d 781). The defendants' affidavits in opposition were purely conclusory and did not set forth, with necessary evidentiary details, the facts upon which they rely. Thus, they were insufficient to defeat the plaintiff's motion for summary judgment.
The defendants' remaining contentions are either not properly before this Court or without merit.
Mangano, P. J., Miller, Thompson and Pizzuto, JJ., concur.