Clune, Inc. v. Healthco Medical Supply

Appeal from an order of the Supreme Court at Special Term, entered September 19, 1979 in Schenectady County, which granted a motion by plaintiff for summary judgment on an action for account stated, and which severed defendant’s counterclaim for damages. Plaintiff sues to recover the sum of $6,681.71. The cause of action, based on the theory of an account stated, alleges that plaintiff delivered to defendant an account for goods and services sold and delivered in December of 1976, which it asserts was accepted by the defendant without objection. Defendant’s answer denied the allegations of…