Camp, Dresser & McKee v. City of Niagara Falls

Order unanimously affirmed with costs. Memorandum: Plaintiff failed to prove its entitlement to partial summary judgment on its cause of action for an account stated. An agreement to pay an account stated may be implied "if a party receiving a statement of account keeps it without objecting to it within a reasonable time because the party receiving the account is bound to examine the statement and object to it, if objection there be” (Chisholm-Ryder Co. v Sommer & Sommer, 70 AD2d 429, 431; see also, Interman Indus. Prods. v R. S. M. Electron Power, 37 NY2d 151, 153-154). Plaintiff contends…