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, explaining:
Coastline also failed to demonstrate the existence of an account stated. An essential element of an account stated is that the parties came to an agreement with respect to the amount due. Here, the silence of the plaintiffs’ principal during the period when the oral agreement was in effect up until the defendants’ breach was reasonable under the particular circumstances, and the prompt commencement of this action following the defendants’ breach served as a written objection to all demands for payment arising out of the same subject matter. Thus, contrary to the Supreme Court’s finding, no agreement was reached as to the amount due.
(Internal citations omitted).