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Christy Viener v. Buntzman

Appellate Division of the Supreme Court of New York, First Department
Dec 28, 1993
199 A.D.2d 203 (N.Y. App. Div. 1993)

Opinion

December 28, 1993

Appeal from the Supreme Court, New York County (Beverly Cohen, J.).


The documentary evidence, which includes, inter alia, defendants' partial payments of plaintiff's bills without any reservation of rights and defendants' written acknowledgments of plaintiff's statements of account which expressly admit defendants' joint and several liability for such accounts, clearly demonstrates the presence of an account stated for billings through October 4, 1991 (see, Kramer, Levin, Nessen, Kamin Frankel v Aronoff, 638 F. Supp. 714, 719-720).

Moreover, defendants' alleged oral objections to the stated accounts are unsubstantiated and unsupported by the evidence (see, Fink, Weinberger, Freedman, Berman Lowell v Petrides, 80 A.D.2d 781, appeal dismissed 53 N.Y.2d 1028).

We have considered all other claims and find them to be meritless.

Concur — Sullivan, J.P., Wallach, Asch and Nardelli, JJ.


Summaries of

Christy Viener v. Buntzman

Appellate Division of the Supreme Court of New York, First Department
Dec 28, 1993
199 A.D.2d 203 (N.Y. App. Div. 1993)
Case details for

Christy Viener v. Buntzman

Case Details

Full title:CHRISTY VIENER, Respondent, v. DAVID BUNTZMAN et al., Appellants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 28, 1993

Citations

199 A.D.2d 203 (N.Y. App. Div. 1993)
608 N.Y.S.2d 62

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