The Second Department, reversing (modifying) Supreme Court, determined that plaintiff was entitled to full payment for beer delivered to defendants under an account stated theory:
At trial, the plaintiff established that the defendants received the first invoice and made partial payment on it. While the defendants claim that the number of cases of beer and manner of shipping did not conform with their order, there is no evidence in the record that they raised that objection prior to the commencement of this lawsuit, or that they ever disputed the invoice. Accordingly, the evidence presented at trial warranted a determination in the plaintiff’s favor in the principal sum of $12,345 on the cause of action to recover on an account stated based on the invoice … . Stardom Brands, LLC v S.K.I. Wholesale Beer Corp., 2019 NY Slip Op 04018, Second Dept 5-22-19