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STERLING NATL. BANK v. DEETOWN ENTERTAINMENT, INC.

15098, 654357/13

128 A.D.3d 492 (2015)

10 N.Y.S.3d 14

2015 NY Slip Op 04205

STERLING NATIONAL BANK, Appellant, v. DEETOWN ENTERTAINMENT, INC., Respondent.

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

Decided May 14, 2015.

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered June 19, 2014, which denied plaintiff's motion for summary judgment on its account stated cause of action, unanimously affirmed, without costs.

Plaintiff seeks summary judgment on an account stated claim based on its verified complaint alleging that an oral agreement was entered into between its assignor, Procare USA, LLC, and defendant Deetown, which acted through a fictional or nonexistent entity...

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