Legal Opinion
Gurney, Becker & Bourne, Inc. v. Benderson Development Co.
New York Court of Appeals
Decided July 10, 1979PublishedCited by 35 opinions
1Opinion of the Court
*996OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and a new trial granted.
In this action commenced by plaintiff, a licensed real estate broker, for commissions due when a tenant exercised its renewal option, it was error for the trial court to submit this case to the jury as an action based on an account stated. The rule that an account which has been rendered and to which no objection has been made within a reasonable time should be regarded as admitted by the party charged as prima facie correct assumes that there exists some indebtedness…
2Cases cited3 opinions
- Jugla v. . TrouttetNew York Court of Appeals · 1890
- Bauer v. AmbsAppellate Division of the Supreme Court of the State of New York · 1911
- American Lithographic Co. v. Dorrance-Sullivan & Co.New York Court of Appeals · 1925
3Cited by35 opinions
- Bauman Associates, Inc. v. H & M International Transport, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Chisholm-Ryder Co. v. Sommer & SommerAppellate Division of the Supreme Court of the State of New York · 1979
- Davis v. CaldwellNew York Court of Appeals · 1981
- Chisholm-Ryder Co. v. Sommer & SommerAppellate Division of the Supreme Court of the State of New York · 1980
- M. Paladino, Inc. v. J. Lucchese & Son Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1998
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