Abbott, Duncan & Wiener v. Ragusa
Cases that cite this one
27 later published cases cite this decision. The 24 that cite it most often are listed here.
- Usov v. Marc Lazar, Inc. (District Court, S.D. New York 2017)
- Columbus Steel Castings Co. v. Transp. & Transit Assocs., L.L.C. (Ohio Ct. App. 2014)
- Kasper Global Collection & Brokers, Inc. v. Global Cabinets & Furniture Manufacturers Inc. (District Court, S.D. New York 2013)
- IMG FRAGRANCE BRANDS, LLC v. Houbigant, Inc. (District Court, S.D. New York 2009)
- Rossi v. Wohl (District Court, N.D. Texas 2009)
- EMI Music Marketing v. Avatar Records, Inc. (District Court, S.D. New York 2004)
- National Experiential, LLC v. Nike, Inc. (District Court, N.D. Illinois 2024)
- Elsa Zegelstein Revocable Living Trust v. Nanto MK Corp. (New York Supreme Court, New York County 2024)
- Alessi Equipment, Inc. v. American Piledriving Equipment, Inc. (District Court, S.D. New York 2022)
- Eliantte & Co. v. Davis (District Court, S.D. New York 2022)
- Zim American Integrated Shipping Services Co., LLC v. Sportswear Group, LLC (District Court, S.D. New York 2021)
- Usov v. Marc Lazar Inc. (2d Cir. 2018)
- Bashian & Farber, LLP v. Syms (Appellate Division of the Supreme Court of New York 2017)
- MICRO-LINK, LLC v. TOWN OF AMHERST (Appellate Division of the Supreme Court of New York 2013)
- Micro-Link, LLC v. Town of Amherst (Appellate Division of the Supreme Court of New York 2013)
- Micro-Link, LLC v. Town of Amherst (Appellate Division of the Supreme Court of New York 2013)
- M & A Construction Corp. v. McTague (Appellate Division of the Supreme Court of New York 2005)
- Tridee Associates, Inc. v. Board of Education (Appellate Division of the Supreme Court of New York 2005)
- Hull v. City of North Tonawanda (Appellate Division of the Supreme Court of New York 2004)
- Mulitex USA, Inc. v. Marvin Knitting Mills, Inc. (Appellate Division of the Supreme Court of New York 2004)
- Reade v. Cardinal Health, Inc. (Appellate Division of the Supreme Court of New York 2004)
- Molinaro v. Bedke (Appellate Division of the Supreme Court of New York 2002)
- Morrison Cohen Singer & Weinstein, L. L. P. v. Ackerman (Appellate Division of the Supreme Court of New York 2001)
- Kaye v. L.B. Russell Chemicals, Inc. (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (Walter Schackman, J.), entered July 7,
Plaintiff failed to demonstrate a right to summary judgment on an account stated theory. An account stated is an account, balanced and rendered, with an assent to the balance either express or implied (Interman Indus. Prods. v R. S. M. Electron Power, 37 NY2d 151, 153). There can be no account stated where no account was presented or where any dispute about the account is shown to have existed (Waldman v Englishtown Sportswear, 92 AD2d 833, 836). In this case, the numerous affidavits reaffirmed and resubmitted by defendant in opposition to plaintiffs motion for summary judgment assert, inter alia, that both defendant and/or her former husband, from whom plaintiff sought to collect fees, disputed the amount billed as well as the quality of the work performed on defendant’s behalf. Concur—Murphy, P. J., Rubin, Asch, Williams and Mazzarelli, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.