Legal Opinion
Geron v. DeSantis
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 2011PublishedCited by 5 opinions
1Opinion of the Court
*604Plaintiff established prima facie entitlement to judgment as a matter of law on his claim of account stated by establishing that the law firm generated detailed monthly invoices and mailed them to defendant on a regular basis in the course of its business (see Berkman Bottger & Rodd, LLP v Moriarty, 58 AD3d 539 [2009]; American Express Centurion Bank v Williams, 24 AD3d 577 [2005]).
Defendant’s allegations of oral objections lack the specificity to raise issues of fact as to an account stated (see Berkman, 58 AD3d at 539; Zanani v Schvimmer, 50 AD3d 445, 446 [2008]). Defendant’s reliance on…
2Cases cited5 opinions
- Morris v. Astor Holdings Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Zanani v. SchvimmerAppellate Division of the Supreme Court of the State of New York · 2008
- American Express Centurion Bank v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2005
- Berkman Bottger & Rodd, LLP v. MoriartyAppellate Division of the Supreme Court of the State of New York · 2009
- Logiudice v. LogiudiceAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by5 opinions
- McGhee v. OdellAppellate Division of the Supreme Court of the State of New York · 2012
- Shaw v. SilverAppellate Division of the Supreme Court of the State of New York · 2012
- R.F. Schiffmann Associates, Inc. v. Baker & Daniels LLPAppellate Division of the Supreme Court of the State of New York · 2017
- Delgado v. Donald J. Trump for President, Inc.Appellate Division of the Supreme Court of the State of New York · 2026
- McGhee v. OdellAppellate Division of the Supreme Court of the State of New York · 2012