On this motion, plaintiff, ETI Financial Corp., moves for summary judgment on its claims for breach of contract and an account stated against defendant, Adelante Travel Insurance Brokerage. The motion is granted.

In support of its motion, plaintiff provides an affidavit from its accounts-receivable specialist. The specialist represents, based on his review of company business records and/or personal knowledge, that plaintiff fulfilled its obligations under the parties' agreement and that [*2]defendant failed to pay outstanding invoices totaling $2,773.10.^[FN1] Defendant disputes its alleged balance with plaintiff and argues that its counsel sent copies of checks to plaintiff in an attempt to dispute the balance. According to defendant, these checks, submitted in opposition to the motion, raise a dispute of fact about whether plaintiff received payment. (NYSCEF No. 53 at ¶ 13.) This court disagrees.

As plaintiff points out on reply, the checks on which defendant relies were not submitted through an affidavit on personal knowledge. Additionally, even assuming the accuracy and authenticity of the checks, only their front sides were provided. This documentation is not sufficient to show not only that defendant made out the checks, but that plaintiff then received, endorsed, and deposited them. Nor does defendant offer copies of its bank statements or the like reflecting check deposits by plaintiff. Further, although this court offered defendant the opportunity to file a sur-reply to address plaintiff's challenge on reply to defendant's evidence, the sur-reply filed by defendant did not remedy the evidentiary deficiencies identified above. No material issue of fact exists on this record.

In addition to the principal amount claimed of $2,773.10, plaintiff also seeks attorney fees. But plaintiff does not identify a statutory or contractual provision providing for attorney fees, as required before this court may award them. The fee request is denied. Further, given that plaintiff chose to bring this action in Supreme Court, rather than in the Small Claims Part (or the General Part) of the New York City Civil Court,^[FN2] the court concludes that it would be inequitable to award plaintiff costs and disbursements here. The court therefore declines, in its discretion, to do so. (See CPLR 8101; CPLR 8301 [a], [c].)

Accordingly, it is

ORDERED that plaintiff's motion for summary judgment is granted with respect to the principal balance claimed, and otherwise denied, and plaintiff is awarded a judgment against defendant for $2,773.10, no costs or disbursements; and it is further

ORDERED that plaintiff serve a copy of this order with notice of its entry on defendant and on the office of the County Clerk (by the means set forth in the court's e-filing protocol, available on the e-filing page of the court's website, https://ww2.nycourts.gov/courts/1jd/supctmanh/E-Filing.shtml), which shall enter judgment accordingly.