Michael Serrapica, CPA, PLLC v Lombardo Ophthamology of Bay Ridge, P.C.

[*1] Michael Serrapica, CPA, PLLC v Lombardo Ophthamology of Bay Ridge, P.C. 2014 NY Slip Op 51789(U) Decided on December 11, 2014 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 11, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ALIOTTA, J.P., PESCE and SOLOMON, JJ.
2013-196 RI C

Michael Serrapica, CPA, PLLC, Appellant,

against

Lombardo Ophthamology of Bay Ridge, P.C., Respondent.

Appeal from an order of the Civil Court of the City of New York, Richmond County (Philip S. Straniere, J.), entered October 25, 2012. The order, insofar as appealed from as limited by the brief, denied plaintiff's motion for summary judgment.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action to recover an unpaid balance allegedly due for accounting and tax services performed, and based on an account stated, plaintiff appeals from an order of the Civil Court which denied plaintiff's motion for summary judgment. We affirm.

While plaintiff established that there was an agreement between it and defendant, that plaintiff had performed tax services for defendant, and that plaintiff had sent defendant invoices, defendant raised an issue of fact in opposition by averring that plaintiff's work was inadequate and that defendant had disputed the invoices. Thus, the motion for summary judgment was properly denied (see Zuckerman v City of New York, 49 NY2d 557 [1980]).

Accordingly, the order, insofar as appealed from, is affirmed.

Aliotta, J.P., Pesce and Solomon, JJ., concur.

Decision Date: December 11, 2014