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January 25, 2023
No Delay Required Before Attorneys Withdraw Where There’s Breakdown of Attorney-Client Relationship
In a Decision and Order, dated July 25, 2022, in Adler v. Mitchell, Index No. 650805/2019, Justice Robert R. Reed of the New York County Commercial Division granted the Order to Show Cause to Withdraw as Counsel filed by defendants’ counsel where defendants had stopped paying counsel’s fees. The Court explained: Read More
November 18, 2022
No Account Stated Claim in Absence of Underlying Agreement
On November 3, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in AmTrust North America, Inc. v. Share, 2022 N.Y. Slip Op. 51081(U), dismissing a claim for account stated in the absence of an underlying contract, explaining: Read More
November 14, 2022
Owners' Domination and Abuse of Entity to Perpetrate a Wrong or Injustice on Plaintiffs Sufficient to Pierce Corporate Veil
On November 2, 2022, the Second Department issued a decision in F&R Goldfish Corp. v. Furleiter, 2022 N.Y. Slip Op. 06112, holding that plaintiffs alleged facts sufficient to pierce the corporate veil, explaining: Read More
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
