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INTERMAN v. R. S. M. ELECTRON

37 N.Y.2d 151 (1975)

Interman Industrial Products, Ltd., Appellant, v. R. S. M. Electron Power, Inc., Respondent.

Court of Appeals of the State of New York.

Decided June 11, 1975.

Attorney(s) appearing for the Case

Jessel Rothman for appellant.

Irwin Littman for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.

GABRIELLI, J.

The issue presented may be phrased as follows: Does an account stated, unsupported by any written document subscribed by the party to be charged thereunder, constitute "an instrument for the payment of money only" entitling the moving party to accelerated summary judgment pursuant to the procedure provided by CPLR 3213? Both Special Term and the Appellate Division held that an account stated does...

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