CONSTR. & MARINE EQUIP. CO. INC. v. THOMAS CRIMMINS CONTRACTING CO.


195 A.D.2d 535 (1993)

601 N.Y.S.2d 832

Construction and Marine Equipment Company Inc., Appellant, v. Thomas Crimmins Contracting Company, Also Known as Thomas Crimmins Contracting Corp., Respondent

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

July 19, 1993


Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the evidence of the parties' course of dealings, as set forth in the defendant's papers in opposition to the motion, raises a triable issue of fact regarding the existence of an account stated. In view of the defendant's claim that the account has been the subject of repeated and long-standing oral disputes and that payments have only been made for those charges...

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