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).