1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 21 A.D.3d
  5. 21 A.D.3d 269 (2005)
 

READE v. CARDINAL HEALTH, INC.

21 A.D.3d 269 (2005)

799 N.Y.S.2d 416

DUANE READE, Respondent and Counterclaim Defendant, v. CARDINAL HEALTH, INC., et al., Defendants and Counterclaim Plaintiffs, and JAMES W. DALY, INC., et al., Defendants and Counterclaim Plaintiffs-Appellants.

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

August 11, 2005.

This Court's prior order granting partial summary judgment dismissing Daly's and Whitmire's counterclaim against Duane Reade for an account stated (12 A.D.3d 224 [2004]) does not preclude granting Daly and Whitmire leave to amend their pleading to assert a counterclaim for breach of the underlying contract. Since "[a]n account stated is an agreement, independent of the underlying agreement, regarding the amount due on

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases