Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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May 6, 2021 General Objection to Obligation to Pay Bill Sufficient to Defeat Account Stated Claim
On April 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Dra… Read More
April 18, 2021 Account Stated Defense Defeats Claim Based on Alleged Miscalculation of Payments
On April 13, 2021, the First Department issued a decision in Atsco Footwear Holdings, LLC v. KBG, LL… Read More
January 27, 2021 Account Stated Claim Prevails Because of Defendant's Failure Timely to Object to Invoices
On January 19, 2021, the First Department issued a decision in Law Off. of Mark S. Helweil v. Karamb… Read More
July 10, 2020 Account Stated Claim Fails Because of Plaintiff's Irregular Billing Practices
On July 1, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in F… Read More
May 23, 2020 Account Stated Claim Dismissed As Duplicative of Breach of Contract Claim
On May 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in St.… Read More
April 24, 2020 Account Stated Theory Provides Basis For Defense Based on Payment of Stated Account
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
October 11, 2019 Failure to Send Regular Invoices Defeats Account Stated Claim
On September 13, 2019, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
September 17, 2019 Account Stated Claim Cannot Create Liability Where None Exists
On September 10, 2019, the First Department issued a decision in Cushman & Wakefield, Inc. v. Ka… Read More
August 21, 2019 Client's Failure Timely to Dispute Bills Entitles Law Firm to Summary Judgment on Account Stated Claim
On August 1, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Law… Read More
March 24, 2019 Lack of Retainer Agreement Does Not Bar Counsel from Recovering For Work on Account Stated Theory
On March 12, 2019, the First Department issued a decision in Carling v. Peters, 2019 NY Slip Op. 01… Read More
February 13, 2019 Account Stated Claim Fails Without Evidence that Defendant Received Invoices and Did Not Object Within a Reasonable Time
On December 4, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Si… Read More
January 2, 2019 Belated Complaint About Invoice Does Not Defeat Account Stated Claim
On November 1, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in … Read More
August 30, 2018 Allegations of Account Stated Insufficient to Support Summary Judgment in Lieu of Complaint
On August 20, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
October 26, 2016 Claim That Invoices Were Disputed Orally Defeats Summary Judgment on Account Stated Claim
On October 13, 2016, Justice Oing of the New York County Commercial Division issued a decision in B… Read More
April 27, 2016 Account Stated Claim Properly Dismissed; Invoice Relied Upon Sent After Parties Were in Dispute
On April 20, 2016, the Second Department issued a decision in Episcopal Health Services, Inc. v. POM… Read More
July 17, 2015 Partial Payment for First Representation Does Not Support Account Stated Claim for Second Matter
On June 16, 2015, the First Department issued a decision in Boies, Schiller & Flexner LLP v. Modell,… Read More
March 3, 2015 Summary Judgment Granted Based on a "Mutual Account" Between the Parties
On February 3, 2015, Justice Solomon of the Kings County Commercial Division issued a decision in Ca… Read More
October 27, 2014 Account Stated Claim Survives Notwithstanding Plaintiff's Inability Fully to Document All Charges
On October 23, 2014, the First Department issued a decision in Robson & Miller, LLP v. Sakow, 20… Read More