Legal Opinion
Collier, Cohen, Crystal & Bock v. MacNamara
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 1997PublishedCited by 8 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Stuart Cohen, J.), entered February 21, 1996, which awarded plaintiff the sum of $78,768.81, and the order, same court and Justice, entered February 5, 1996, which granted plaintiff’s motion for summary judgment, unanimously reversed, on the law, with costs, plaintiff’s motion is denied and the judgment is vacated.
On a motion for summary judgment, evidence of an oral objection, with some specificity, to an account rendered is sufficient to rebut any inference of an implied agreement to pay the stated amount (Shea & Gould v Burr, 194 AD2d 369, 371;…
2Cases cited5 opinions
- Gair v. PeckNew York Court of Appeals · 1959
- First National Bank v. BrowerNew York Court of Appeals · 1977
- Shea & Gould v. BurrAppellate Division of the Supreme Court of the State of New York · 1993
- Rosenman Colin Freund Lewis & Cohen v. EdelmanAppellate Division of the Supreme Court of the State of New York · 1990
- Finkelstein v. KinsAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by8 opinions
- Erdman Anthony & Associates, Inc. v. BarkstromAppellate Division of the Supreme Court of the State of New York · 2002
- Yannelli, Zevin & Civardi v. SakolAppellate Division of the Supreme Court of the State of New York · 2002
- Darby & Darby, P. C. v. VSI International, Inc.New York Supreme Court · 1998
- Tridee Associates, Inc. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- Jaffe & Asher, L. L. P. v. CushingAppellate Division of the Supreme Court of the State of New York · 2001
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