Supreme Court, Appellate Division,

Second Department, New York.

TTF, INC., d/b/a Control Services Northeast, respondent,

v.

BROZMAN ARCHER REALTY SERVICES, INC., a/k/a Brozman Realty Corp., etc.,

appellant.

April 2, 2001.

Rothschild & Pearl, LLP, White Plains, N.Y. (Jonathan S. Moses of counsel), for appellant.

Barbara M. Pizzolato, P.C., Hauppauge, N.Y., for respondent.

In an action to recover on an account stated, the defendant appeals from an order of the Supreme Court, Westchester County (Cowhey, J.), entered December 15, 1999, which granted the plaintiff's motion for summary judgment.

ORDERED that the order is affirmed, with costs.

The plaintiff made out a prima facie case for summary judgment by establishing that the parties entered into a contract pursuant to which the plaintiff was to provide janitorial services to the defendant, and the defendant failed to disclose that it was acting as an agent for a third party (see, Kaplon-Belo Associates v. Farrelly, 221 A.D.2d 321, 633 N.Y.S.2d 522; Rennert-Diana & Co. v. Costarino, 128 A.D.2d 691, 513 N.Y.S.2d 190). The defendant acknowledged the debt owed to the plaintiff in a letter, and did not state that it was acting as an agent. In opposition, the defendant failed to raise any triable issue of fact (see, Ardwin v. Englert, 56 N.Y.2d 936, 453 N.Y.S.2d 608, 439 N.E.2d 324; E.D.S. Sec. Sys. v. Allyn, 262 A.D.2d 351, 691 N.Y.S.2d 567).

RITTER, J.P., SANTUCCI, S. MILLER and SMITH, JJ., concur.

END OF DOCUMENT