HAROLD R. CLUNE, INC. v. HEALTHCO MED. SUPPLY


78 A.D.2d 914 (1980)

Harold R. Clune, Inc., Respondent, v. Healthco Medical Supply (Healthco, Inc.), Appellant

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

November 6, 1980


Plaintiff sues to recover the sum of $6,681.71. The cause of action, based on the theory of an account stated, alleges that plaintiff delivered to defendant an account for goods and services sold and delivered in December of 1976, which it asserts was accepted by the defendant without objection. Defendant's answer denied the allegations of the complaint and sets forth two affirmative defenses and counterclaims for damages in the amount of $9,145.32, alleging that the goods...

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