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Goodman, Rakower Agiato v. Lieberman

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1996
226 A.D.2d 343 (N.Y. App. Div. 1996)

Opinion

April 1, 1996

Appeal from the Supreme Court, Suffolk County (Gowan, J.).


Ordered that the order is affirmed, with costs.

There is an issue of fact as to whether the defendant has valid defenses to the promissory note in issue, including failure of consideration ( see, Lackmann Food Serv. v. E S Vending Co., 125 A.D.2d 366; Pascal v. Tardera, 123 A.D.2d 752). Furthermore, the plaintiff is not entitled to summary judgment on the account stated cause of action, as the account stated was vague and cursory ( see, Diamond Golomb v. D'Arc, 140 A.D.2d 183; Breed, Abbott Morgan v. Aberdeen Petroleum Corp., 46 A.D.2d 618), and there is a question of fact as to whether the defendant objected to the account. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

Goodman, Rakower Agiato v. Lieberman

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1996
226 A.D.2d 343 (N.Y. App. Div. 1996)
Case details for

Goodman, Rakower Agiato v. Lieberman

Case Details

Full title:GOODMAN, RAKOWER AGIATO, Appellant, v. ARLENE LIEBERMAN, Respondent

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

Date published: Apr 1, 1996

Citations

226 A.D.2d 343 (N.Y. App. Div. 1996)
640 N.Y.S.2d 764

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