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DIVERSIFIED APPLICATION DISTRIBUTION ELECTRICAL CORPORATION, Respondent, v. A.C. GREEN ELECTRICAL CONTRACTOR, INC., Appellant.

Ordered that the judgment is affirmed, with costs.

The evidence submitted in support of the plaintiff's motion for summary judgment, consisting of an affidavit prepared by the plaintiff's president and various invoices which the plaintiff sent the defendant, made out a prima facie case that the defendant had failed to pay for goods it purchased from the plaintiff ( see, Diversified Application Distrib. Elec. Corp. v Northgate Elec. Corp., 227 A.D.2d 516 [decided herewith]). The unsubstantiated allegations set forth in the defendant's submissions, inter alia, to the effect that a contract did not exist between the parties, were insufficient to defeat the motion ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.

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DIVERSIFIED APPLICATION v. A.C. GREEN ELEC
(May 20, 1996)