Summary Judgment Granted on Account Stated Claim Because There Was No Dispute That Defendant Received Invoices

Posted: April 1, 2026 / Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner / Category Account Stated

Summary Judgment Granted on Account Stated Claim Because There Was No Dispute That Defendant Received Invoices

On March 9, 2026, Justice Andrew Borrok of the New York County Commercial Division issued a decision in DataArt Solutions, Inc. v. Exos Financial LLC, Index No. 652640, granting summary judgment on plaintiff's account stated claim when there was no dispute that defendant received plaintiff's invoices, explaining:

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 separate items composing the account and balance due (Chisholm-Ryder Co. v Sommer Sommer, 70 AD2d 429 [1980]). To establish an account stated claim, a plaintiff need only establish that it sent invoices to a defendant and that the defendant retained them without objection (Weil v Newton, 211 AD3d 516, 516 [1st Dept 2022]; Unisol, Inc. v Kidron, 180 AD3d 570, 571 [1st Dept 2020]). Exos concedes that it received the Unpaid Invoices, which set forth the amounts due under each invoice (NYSCEF Doc. No. 43 ¶¶ 19, 24, 28, 32, 36, 40, 44, 48, 52, 56) and acknowledged in the LOU that there was no objection to the invoices and that it owed DataArt a total of $2,223,014.50 (NYSCEF Doc. No. 42 at 1-2). As such, DataArt has met is prima facie burden of entitlement to summary judgment.

In its opposition papers, Exos argues that (i) there were objections to the invoices and (ii) the LOU contemplates Exos receiving a discount which it did not receive. The arguments fail. The only evidence of objections predate the LOU in which they agreed that the amounts due set forth in the invoices were owed. The LOU did not reserve rights including any right of offset. The LOU also does not require DataArt to provide it with a discount. The LOU actually only says that the parties confirm that Exos has made a proposal to resolve the amounts due and that DataArt and Exos would discuss separately potential payment terms in good faith after a 4 month pause in collections starting as of May 15, 2024 including a discount.

The account stated cause of action is a powerful tool for services providers, especially when invoices are sent and not specifically objected to by the recipient. In this situation, courts typically hold that the recipient's receipt and retention of the invoices, without objection, gives rise to an implied consent to the correctness of the invoices. Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning an account stated claim.