NW LIQUIDATING CORP. v. HELMSLEY-SPEAR, INC.


248 A.D.2d 304 (1998)

670 N.Y.S.2d 488

NW Liquidating Corp., Formerly Known as Celebrity Limousine Service Corp., Appellant, v. Helmsley-Spear, Inc., et al., Respondents

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

March 31, 1998


Plaintiff-appellant's action for an account stated is based upon its claim that defendants failed to pay or object to an invoice in the amount of $358,000 for limousine services rendered, which was forwarded to defendants on or about August 15, 1986. The original invoice or a copy was not offered in opposition to the motion for summary judgment. Instead, plaintiff relied upon secondary evidence, to wit, a re-created statement of account derived from a ledger prepared by plaintiff...

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