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HOFFINGER STERN & ROSS, LLP v. NEUMAN

3976, 113111/09.

80 A.D.3d 428 (2011)

914 N.Y.S.2d 137

HOFFINGER STERN & ROSS, LLP, Respondent, v. PHILIP NEUMAN et al., Appellants.

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

Decided January 4, 2011.

Summary judgment was improperly granted on plaintiff's account stated cause of action. Plaintiff alleges that defendants retained and did not object to a billing statement that was issued only one day before plaintiff brought a prior action on the claims asserted in this action. According to the instant complaint, that was the only statement defendants allegedly retained without objection. The prior action was dismissed on defendants...

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