Risk Management Planning Group, Inc. v. Cabrini Medical Center

Appellate Division of the Supreme Court of New York

Risk Management Planning Group, Inc. v. Cabrini Medical Center

63 A.D.3d 421, 879 N.Y.S.2d 331

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 2009

StatusPublished

Cited by1 cases

This text of 63 A.D.3d 421 (Risk Management Planning Group, Inc. v. Cabrini Medical Center) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Risk Management Planning Group, Inc. v. Cabrini Medical Center, 63 A.D.3d 421, 879 N.Y.S.2d 331 (N.Y. Ct. App. 2009).

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Opinion

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered December 9, 2008, which granted plaintiff’s motion for summary judgment on its cause of action for an account stated, unanimously affirmed, with, costs.

Plaintiff established the existence of an account stated with copies of various agreements, at least one of which defendant admittedly found in its own files, demonstrating a debtor-creditor relationship between the parties. Defendant failed to raise an issue of fact that the underlying relationship was either repudiated by it or did not exist (see e.g. Ryan Graphics, Inc. v Bailin, 39 AD3d 249, 250-251 [2007]; Martin H. Bauman Assoc. v H & M Intl. Transp., 171 AD2d 479, 485 [1991]). Moreover, the retention of invoices by defendant, in some cases for over three years without comment or objection, is sufficient to create an account stated. Furthermore, it is uncontroverted that defendant attempted partial payment of the invoices (see Morrison Cohen Singer & Weinstein, LLP v Waters, 13 AD3d 51, 52 [2004]).

We have considered defendant’s remaining arguments and find them unavailing. Concur—Tom, J.E, Saxe, Sweeny, Acosta and Abdus-Salaam, JJ.

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Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered December 9, 2008, which granted plaintiff’s motion for summary judgment on its cause of action for an account stated, unanimously affirmed, with, costs.

Plaintiff established the existence of an account stated with copies of various agreements, at least one of which defendant admittedly found in its own files, demonstrating a debtor-creditor relationship between the parties. Defendant failed to raise an issue of fact that the underlying relationship was either repudiated by it or did not exist (see e.g. Ryan Graphics, Inc. v Bailin, 39 AD3d 249, 250-251 [2007]; Martin H. Bauman Assoc. v H & M Intl. Transp., 171 AD2d 479, 485 [1991]). Moreover, the retention of invoices by defendant, in some cases for over three years without comment or objection, is sufficient to create an account stated. Furthermore, it is uncontroverted that defendant attempted partial payment of the invoices (see Morrison Cohen Singer & Weinstein, LLP v Waters, 13 AD3d 51, 52 [2004]).

We have considered defendant’s remaining arguments and find them unavailing. Concur—Tom, J.E, Saxe, Sweeny, Acosta and Abdus-Salaam, JJ.

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Bluebook (online)

63 A.D.3d 421, 879 N.Y.S.2d 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/risk-management-planning-group-inc-v-cabrini-medical-center-nyappdiv-2009.

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