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ERE LLP v. SPANIERMAN GALLERY, LLC

Nos. 7311, 111406/10.

94 A.D.3d 492 (2012)

942 N.Y.S.2d 472

2012 NY Slip Op 2599

ERE LLP, Appellant, v. SPANIERMAN GALLERY, LLC, et al., Respondents.

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

Decided April 10, 2012.

The motion court correctly found that plaintiff was entitled to summary judgment on its first cause of action, for account stated (see e.g. Chisholm-Ryder Co. v Sommer & Sommer, 70 A.D.2d 429, 431 [1979]). Contrary to defendants' argument on appeal, the fact that an invoice is not itemized "does not ... prevent an account stated from being created" (Zanani v Schvimmer, 50 A.D.3d 445...

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