Bridge Hardware Co. v. Disosway & Fisher, Inc.

Plaintiff moves for partial summary judgment on the second and third causes and for an order striking out the affirmative defenses in the answer. The second and third causes of action are predicated on an account stated. The affidavit submitted by the defendant clearly shows that objection to the basis of the account had been made on several occasions. It was not incumbent on the defendant to continue making such objection each month that an account was sent to it in order to avoid liability in an action for an account stated. Accordingly this branch of the motion is denied.

The first cause of…