U.S. AVIATION UNDERWRITERS, INC. v. TEXTRON, INC.

4067. 650460/15.

150 A.D.3d 581 (2017)

2017 NY Slip Op 04075

55 N.Y.S.3d 201

UNITED STATES AVIATION UNDERWRITERS, INC., Respondent, v. TEXTRON, INC., Appellant.

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

Decided May 23, 2017.


The IAS court correctly determined at this pleading stage that the "bordereaux" (statements of premium and loss data) that plaintiff insurer provided to defendant policy holder on a monthly basis reflected a course of conduct between the parties that established an open, mutual, current account (CPLR 206 [d]; Green v Disbrow, 79 N.Y. 1, 5-9 [1879]), and that the amended complaint provided sufficient specificity to provide defendant with notice of the transactions forming...

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