On September 26, 2024, the First Department issued a decision in TH Fashion Ltd. v. Vince Holding Corp., 2024 NY Slip Op. 04630, holding that offering to assist in getting invoices paid did not give rise to an account stated claim . . . Continue reading Offering to Assist in Getting Invoices Paid Does Not Give Rise to an Account Stated Claim
On May 14, 2024, the First Department issued a decision in Aronson Mayefsky & Sloan, LLP v. Praeger, 2024 NY Slip Op. 02657, holding that a law firm is allowed to bring both breach of contract and account stated claims regarding unpaid bills . . . Continue reading Law Firm Allowed to Bring Both Contract and Account Stated Claims Regarding Unpaid Bills
On July 24, 2023, Justice Chan of the New York County Commercial Division issued a decision in Invesco Group Servs., Inc. v. AST Fund Solutions, LLC, 2023 NY Slip Op. 32538(U), refusing to dismiss claims based on an account stated defense because of allegations of fraud . . . Continue reading Account Stated Defense Fails in Light of Allegations of Fraud
On November 30, 2022, the Second Department issued a decision in Walter Boss, Inc. v. Roncalli Frgt. Co., Inc., 2022 NY Slip Op. 06830, holding that an account stated claim fails when a plaintiff cannot prove that the parties agreed on the amount due . . . Continue reading Account Stated Claim Fails Where Plaintiff Cannot Prove an Agreement Regarding the Amount Due
