Account Stated Criteria Met

The Second Department determined plaintiff was entitled to recover under the doctrine of “account stated:”

In support of its motion for summary judgment, the plaintiff submitted monthly billing statements from 1993 to 2011, together with an affidavit from its vice-president and credit manager explaining that the billing statements were sent to the defendants in the ordinary course of business and that the defendants accepted and retained those statements without objection. The billing statements also demonstrated that the defendants had made partial payments on the account until on or about May 2010. This was sufficient to establish the plaintiff’s prima facie entitlement to judgment as a matter of law on the cause of action to recover on an account stated … . In opposition, the defendants failed to submit any evidence that would raise a triable issue of fact as to whether they received the billing statements or ever disputed the bills. National Commerce Exch of Long Is Inc v Cosmopolitan Coach Ltd, 2014 NY Slip Op 06068, 2nd Dept 9-10-14