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

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 2, 2009

THE RISK MANAGEMENT PLANNING GROUP, INC., PLAINTIFF-RESPONDENT,
v.
CABRINI MEDICAL CENTER, DEFENDANT-APPELLANT.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Saxe, Sweeny, Acosta, Abdus-Salaam, JJ.

109017/08

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 v Bailin, 39 AD3d 249, 250-251 [2007]; Martin H. Bauman Assocs. Inc. v H & M Intl. Transp., Inc., 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.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090602

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