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CASA REDIMIX CONCRETE CORP. v. MACQUESTEN GENERAL CONTRACTING, INC.

14 A.D.3d 641 (2005)

788 N.Y.S.2d 619

CASA REDIMIX CONCRETE CORP. et al., Respondents, v. MACQUESTEN GENERAL CONTRACTING, INC., et al., Defendants, and HCE, INC., Appellant.

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

January 31, 2005

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

The plaintiffs were entitled to recover the principal sum of $22,789.78 as established by the invoices received in evidence. The appellant's retention of the invoices without making a timely objection gave rise to an enforceable account stated (see UCC 2-201 [2]; Bay Ridge Lbr. Co. v Summit Renovation Corp., 271 A.D.2d 559 [2000]; Peterson...

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