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AMERICAN EXPRESS CENTURION BANK v. CUTLER

2009-08383.

81 A.D.3d 761 (2011)

916 N.Y.S.2d 622

AMERICAN EXPRESS CENTURION BANK, Respondent, v. DEAN CUTLER, Also Known as DEAN K. CUTLER, Appellant.

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

Decided February 15, 2011.

Ordered that the judgment is reversed, on the law, with costs, that branch of the plaintiff's motion which was for summary judgment on the cause of action to recover on an account stated is denied, and the order is modified accordingly.

"An account stated is an agreement between [the] parties to an account based upon prior transactions between them with respect to the correctness of the account items and balance" (Jim-Mar Corp. v Aquatic Constr., 

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