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SOUND COMMUNICATIONS, INC. v. RACK AND ROLL, INC.

Nos. 5455, 107817/08.

88 A.D.3d 523 (2011)

930 N.Y.S.2d 577

2011 NY Slip Op 7262

SOUND COMMUNICATIONS, INC., Respondent, v. RACK AND ROLL, INC., et al., Appellants.

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

Decided October 18, 2011.

Plaintiff sues to recover fees due under an oral agreement for services rendered in the advertisement of a product known as the "Rack and Roll Paper Towel Storage Holder." All of plaintiff's underlying invoices, which are annexed to the complaint, are addressed to defendant Rack and Roll, LLC only. Therefore, the complaint fails to state an account stated cause of action against the moving defendants (see e.g. Roth Law Firm, PLLC v Sands, 82 A.D.3d...

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