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CAMP, DRESSER & McKEE v. CITY OF NIAGARA FALLS

142 A.D.2d 973 (1988)

Camp, Dresser & McKee, Appellant, v. City of Niagara Falls, Respondent

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

July 7, 1988

Order unanimously affirmed with costs.

Memorandum:

Plaintiff failed to prove its entitlement to partial summary judgment on its cause of action for an account stated. An agreement to pay an account stated may be implied "if a party receiving a statement of account keeps it without objecting to it within a reasonable time because the party receiving the account is bound to examine the statement and object to it, if objection there be" (Chisholm-Ryder Co...

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