(DOWNLOAD) "Camp v. City Niagara Falls" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Camp v. City Niagara Falls
- Author : Supreme Court of New York
- Release Date : January 07, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
[142 A.D.2d 973 Page 973] Order unanimously affirmed with costs. Memorandum: Plaintiff failed to prove its entitlement to partial summary judgment
on its cause of action for an account stated. An agreement to pay an account stated may be implied "if a party receiving a
statement of account keeps it without objecting to it within a reasonable time because the party receiving the account is
bound to examine the statement and object to it, if objection there be" (Chisholm-Ryder Co. v Sommer & Sommer, 70 A.D.2d
429, 431; see also, Interman Indus. Prods. v R. S. M. Electron Power, 37 N.Y.2d 151, 153-154). Plaintiff contends that the
city retained its invoices without objection for many months, evidencing its agreement to an account stated. The city asserts
that plaintiff was put on notice as early as July 1986 and no later than September 1986 that payment would be withheld, and
much of the delay in [142 A.D.2d 973 Page 974]