Dynaforce v. Bruno CMC Truck Sales Corp.
Cases that cite this one
2 later published cases cite this decision.
- Hornell Brewing Co. v. High Grade Beverage (Appellate Division of the Supreme Court of New York 2000)
- AFG Industries, Inc. v. Empire Glass Co. (Appellate Division of the Supreme Court of New York 1996)
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
In an action, inter alia, to recover payment on an account stated, the defendant appeals from an order of the Supreme Court, Kings County (Ramirez, J.), dated November 14, 1994, which granted the plaintiffs motion for summary judgment.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
Under the circumstances of this case, the Supreme Court improperly granted the plaintiffs motion for summary judgment. In its opposition papers, the defendant submitted evidence of an oral objection to the account rendered, which is sufficient on a motion for summary judgment to rebut any inference of an implied agreement to pay the stated amount (see, Sandvoss v Dunkelberger, 112 AD2d 278, 279). Mangano, P. J., Miller, Copertino, Santucci and Hart, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.