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Bay Ridge Fuel Corp. v. 126 Bapaz, LLC
Citation: Not availableDocket: 2017 NYSlipOp 51528(U)
Court: Appellate Terms of the Supreme Court of New York; November 3, 2017; New York; State Appellate Court
Bay Ridge Fuel Corp. (Appellant) appealed an order from the Civil Court of the City of New York, Kings County, which denied its motion for a default judgment against 126 Bapaz, LLC and Myerson Management Corp. (Respondents) for $22,352.92, stemming from a breach of contract regarding unpaid fuel oil deliveries. The Civil Court's June 8, 2016 order found the oral agreement to be insufficiently specific to establish what the defendants had agreed to. In support of its motion, Bay Ridge's manager detailed the oral agreement, the delivery of fuel oil, and provided five invoices for the unpaid amounts, which the defendants did not dispute. On appeal, the court determined that Bay Ridge demonstrated the existence and breach of the oral contract and established an account stated. Since the defendants did not submit any opposition papers, the appellate court reversed the Civil Court's decision and granted the motion for a default judgment in favor of Bay Ridge for the principal sum of $22,352.92. The decision was concurred by Judges Weston, Pesce, and Solomon, with the order entered by Chief Clerk Paul Kenny on November 3, 2017.