Majority
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The plaintiffs were entitled to recover the principal sum of $22,789.78 as established by the invoices received in evidence. The appellant’s retention of the invoices without making a timely objection gave rise to an enforceable account stated (see UCC 2-201 [2]; Bay Ridge Lbr. Co. v Summit Renovation Corp., 271 AD2d 559 [2000]; Peterson v Schroder Bank & Trust Co., 172 AD2d 165 [1991]). Moreover, the unsigned contract and delivery tickets became enforceable upon the appellant’s retention of the goods delivered without timely objection (see UCC 2-204 [1]; 2-207 [3]).
The appellant’s remaining contentions are without merit. H. Miller, J.P., Santucci, Spolzino and Skelos, JJ., concur.
Cases cited
- Bay Ridge Lumber Co. v. Summit Renovation Corp. 271 AD2d 559 p. 642