Judgment affirmed, without costs.
Memorandum:
While it is settled law that an account stated cannot arise unless it is based upon some indebtedness resulting from previous transactions between the parties (1 NY Jur, Accounts and Accounting, §§ 5-7), the fact that part of the balance represented by an account is not payable at the time it is rendered and is dependent upon conditions precedent does not deny to a statement the character of an account...
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