O'RIORDAN v. RUSSEL


6 Misc.2d 103 (1957)

Raymond S. O'Riordan, Doing Business as North Shore Realties, Plaintiff, v. Richard Russel, Defendant.

County Court, Suffolk County.

May 16, 1957.


Attorney(s) appearing for the Case

Albert M. Levert for plaintiff.

Robbins, Wells & Walser for defendant.


EDGAR F. HAZLETON, Surrogate and Acting County Judge.

The plaintiff's complaint sets forth two causes of action, each alleging an account stated. Upon the trial, however, the proof presented by the plaintiff failed to sustain either cause as an account stated. Under the circumstances in this case, the mere sending of statements which were ignored by the defendant cannot suffice to establish the validity of the...

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