Wednesday, September 28, 2016

An action on an account stated.

Practice point:  An account stated is an agreement between parties to an account based upon prior transactions between them with respect to the correctness of the account items and the balance owing. The agreement is implied where a defendant retains bills without objection within a reasonable period of time, or makes partial payment on the account.

Case:  Clean Earth of N. Jersey, Inc. v. Northcoast Maintenance Corp., NY Slip 06056 (2d Dep't September 21, 2016)

Here is the decision.

Tomorrow's issue:  Failure to state a cause of action for fraudulent inducement and fraud.