DO I HAVE GROUNDS TO SUE?

To establish an account stated, the plaintiff must show that: “‘(1) an account was presented; (2) it was accepted as correct; and (3) [the] debtor promised to pay the amount stated.’” Camacho Mauro Mulholland LLP v. Ocean Risk Retention Group, Inc., No. 09 Civ. 9114, 2010 WL 2159200, at *2 (S.D.N.Y. 2010).  Under Federal and New York law, an account stated “refers to a promise by a debtor to pay a stated sum of money which the parties had agreed upon as the amount due.” Nat’l Econ. Research Assocs. v. Purolite “C” Corp., 2011 U.S. Dist. LEXIS 24458, *6 (S.D.N.Y 2011).  A debtor’s agreement to pay can be inferred from the failure to raise a timely objection to the amount due. See Wesco Distribution, Inc. v. Anshelewitz, No. 06 Civ. 13444, 2008 WL 2775005, at *6 (S.D.N.Y. July 16, 2008). “An allegation of a timely objection to the account, whether ultimately meritorious or not, will generally defeat a summary judgment motion on an account stated.” Sid Paterson Advertising, Inc. v. Giuffre Auto Group, LLC, No. 601905/05, 2007 WL 3378349, at *2 (Sup. Ct., N.Y. Co. 2007).

Claims for account stated are often combined with claims for breach of contract, conversion, unjust enrichment and quantum meruit, depending on the case. Explore these other claims by clicking on each link here or view our main menu above.