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ROMEO v. BIMCO INDUS., INC.

57 A.D.2d 947 (1977)

Michael J. Romeo, Respondent, v. Bimco Industries, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 31, 1977

Defendant-appellant contends on appeal: (1) that the proof on the type of account that plaintiff-respondent carried for it did not establish that it was "an open running account or an account stated"; (2) that plaintiff failed to follow defendant's instructions in obtaining a certain policy of insurance for it, thus negating defendant's obligation to pay for that insurance policy. Defendant's first point has no relevance to the decision...

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