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LENNOX INDUSTRIES, INC., Respondent, v. T.M. BIER ASSOCIATES, INC., Appellant. (And a Third-Party Action.)

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

Contrary to the defendant's contention, the plaintiff satisfied its initial burden of coming forward with admissible evidence to support its motion for summary judgment on an account-stated theory. The defendant, however, failed to demonstrate, by similarly sufficient evidence, the existence of a factual issue requiring a trial of the action. Therefore, the plaintiff's motion for summary judgment was properly granted (see, CPLR 3212 [b]; Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065, 1067; Bell-Tronics Communications v. Winkler, 178 A.D.2d 455; Kruger Pulp Paper Sales v. Intact Containers, 100 A.D.2d 894).

The defendant's remaining contentions are without merit. Mangano, P.J., Balletta, Friedmann and Florio, JJ., concur.

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LENNOX INDUSTRIES v. T.M. BIER ASSOCIATES
(Feb 14, 1994)