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I.S. Design, Inc. v. Planned Management

Appellate Division of the Supreme Court of New York, First Department
Oct 30, 1997
243 A.D.2d 425 (N.Y. App. Div. 1997)

Opinion

October 30, 1997

Appeal from Supreme Court, New York County (Richard Lowe, III, J.).


Summary judgment was properly granted to plaintiff upon proof that it ordered and paid for a custom-built cabinet in good faith upon defendant's request and to assist defendant in meeting its contractual obligation. Plaintiff reasonably expected to be reimbursed the amount that defendant's contract designated was the fair value of the cabinet ( see, Geraldi v. Melamid, 212 A.D.2d 576, 576). Further, plaintiff's proof that defendant received and retained its bills and demands for reimbursement for well over a year without objection was sufficient to establish a cause of action for account stated ( see, Shea Gould v. Burr, 194 A.D.2d 369). We have considered defendant's remaining claims and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Wallach, Williams and Colabella, JJ.


Summaries of

I.S. Design, Inc. v. Planned Management

Appellate Division of the Supreme Court of New York, First Department
Oct 30, 1997
243 A.D.2d 425 (N.Y. App. Div. 1997)
Case details for

I.S. Design, Inc. v. Planned Management

Case Details

Full title:I.S. DESIGN, INC., Respondent, v. PLANNED MANAGEMENT CONSTRUCTION CORP.…

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

Date published: Oct 30, 1997

Citations

243 A.D.2d 425 (N.Y. App. Div. 1997)
663 N.Y.S.2d 213

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