Legal Opinion
Cusano v. Klein
Court of Appeals for the Ninth Circuit
Decided November 15, 2005No. 03-56650PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM **
1. The district court was correct in applying the law of New York to *1000Cusano’s claim for an open book account. New York law does not recognize a cause of action for an open book account. See Waldman v. Englishtown Sportswear, Ltd., 92 A.D.2d 833, 460 N.Y.S.2d 552, 556 (N.Y.App.Div.1983). Nor does Cusano’s account qualify as “mutual, open and current,” as it lacks both openness and mutuality. See Rodgers v. Roulette Records, Inc., 677 F.Supp. 731, 735 (S.D.N.Y.1988).
2. Cusano misreads our opinion in Cusano v. Klein, 264 F.3d 936 (9th Cir. 2001) (“Cusano /”), which held only that…
2Cases cited8 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. Kitsap Physicians ServiceCourt of Appeals for the Ninth Circuit · 2002
- Robert P. Wilcox v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1988
- Cusano v. KleinCourt of Appeals for the Ninth Circuit · 2001
- George J. Malhiot, and Marjorie M. Malhiot v. Southern California Retail Clerks Union and Drug Employer Pension and Trust FundCourt of Appeals for the Ninth Circuit · 1984
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3Cited by1 opinion
- Cusano v. KleinCourt of Appeals for the Ninth Circuit · 2012