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READE v. CARDINAL HEALTH, INC.

12 A.D.3d 224 (2004)

784 N.Y.S.2d 534

DUANE READE, Appellant-Respondent, v. CARDINAL HEALTH, INC., et al., Defendants, and JAMES W. DALY, INC., et al., Respondents-Appellants.

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

November 16, 2004.

In this action for breach of contract and related claims, the parties' November 7, 2001 letter agreement can be reasonably construed as a reference only to the most recent purported "account stated," dated October 31, on which the seventh counterclaim is based. Plaintiff's obviously prompt notice that it disputed the validity and/or amounts of the "trade payables" constituted timely objection, belying the notion that the parties...

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