Weiner & Strauss, Nanuet, N.Y. (Frank Lagano of counsel), for appellant. Meltzer & Pravetz, LLP, New Rochelle, N.Y. (Michael Meltzer of counsel), for respondent.
In an action to recover damages for breach of contract and on an account stated, the defendant appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated January 11, 2010, which granted that branch of the plaintiff's motion which was for summary judgment on the issue of liability.
ORDERED that the order is affirmed, with costs.
Under the particular circumstances of this case, the Supreme Court properly granted that branch of the plaintiff's motion which was for summary judgment on the issue of liability. RIVERA, J.P., DICKERSON, ENG and LOTT, JJ., concur.