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ABBOTT, DUNCAN & WIENER v. RAGUSA

214 A.D.2d 412 (1995)

625 N.Y.S.2d 178

Abbott, Duncan & Wiener, Appellant, v. Virginia Ragusa, Respondent

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

April 18, 1995

Plaintiff failed to demonstrate a right to summary judgment on an account stated theory. An account stated is an account, balanced and rendered, with an assent to the balance either express or implied (Interman Indus. Prods. v R. S. M. Electron Power, 37 N.Y.2d 151, 153). There can be no account stated where no account was presented or where any dispute about the account is shown to have...

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