RISK MANAGEMENT PLANNING GROUP, INC. v. CABRINI MEDICAL CENTER


63 A.D.3d 421 (2009)

879 N.Y.S.2d 331

THE RISK MANAGEMENT PLANNING GROUP, INC., Respondent, v. CABRINI MEDICAL CENTER, Appellant.

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

Decided June 2, 2009.


Plaintiff established the existence of an account stated with copies of various agreements, at least one of which defendant admittedly found in its own files, demonstrating a debtor-creditor relationship between the parties. Defendant failed to raise an issue of fact that the underlying relationship was either repudiated by it or did not exist (see e.g. Ryan Graphics, Inc. v Bailin, 39 A.D.3d 249, 250-251 [2007]; Martin H. Bauman...

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