CASA REDIMIX CONCRETE v. MacQUESTEN GEN CONTR

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiffs were entitled to recover the principal sum of $22,789.78 as established by the invoices received in evidence. The appellant's retention of the invoices without making a timely objection gave rise to an enforceable account stated ( see UCC 2-201; Bay Ridge Lbr. Co. v. Summit Renovation Corp., 271 AD2d 559; Peterson v. Schroder Bank Trust Co., 172 AD2d 165). Moreover, the unsigned contract and delivery tickets became enforceable upon the appellant's retention of the goods delivered without timely objection ( see UCC 2-204; 2-207 [3]).

The appellant's remaining contentions are without merit.