Sound Communications, Inc. v. Rack & Roll, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Plaintiff sues to recover fees due under an oral agreement for services rendered in the advertisement of a product known as the “Rack and Roll Paper Towel Storage Holder.” All of plaintiff’s underlying invoices, which are annexed to the complaint, are addressed to defendant Rack and Roll, LLC only. Therefore, the complaint fails to state an account stated cause of action against the moving defendants (see e.g. Roth Law Firm, PLLC v Sands, 82 AD3d 675, 676 [2011]).
Plaintiff also failed to state a fraud cause of action against the moving defendants. Plaintiff essentially alleges that defendants…
2Cases cited7 opinions
- Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
- Gordon v. Dino De Laurentiis Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Spaulding v. BenenatiNew York Court of Appeals · 1982
- Albstein v. Elany Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Roth Law Firm, PLLC v. SandsAppellate Division of the Supreme Court of the State of New York · 2011
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