WERNER v. NELKIN

Ordered that the appeal from the order entered February 11, 1993, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order and judgment is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

The defendant's receipt and retention of the plaintiff's invoices without objection within a reasonable period of time, gave rise to an actionable account stated entitling the plaintiff to summary judgment in his favor (see, 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 defendant's bald conclusory allegations in opposition were insufficient to defeat a motion for summary judgment. Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.