Wednesday, March 30, 2016

An account stated.

Practice point:  To establish its prima facie entitlement to judgment as a matter of law to recover on an account stated, a plaintiff must show that the defendant received the plaintiff's account statements for payment and retained these statements for a reasonable period of time without objection.

In the case of existing indebtedness, the agreement may be implied as well as express. An agreement may be implied where a defendant retains bills without objecting to them within a reasonable period of time, or makes partial payment on the account.

Student note:  An account stated is an agreement between the parties to an account based upon prior transactions between them with respect to the correctness of the account items and balance due.

Case:  Cach, LLC v. Aspir, NY Slip Op 02046 (2d Dep't 2016)

Here is the decision.

Tomorrow's issue: Perfecting an appeal by the appendix method.