Risk Management Planning Group, Inc. v. Cabrini Medical Center, 702.

• Decision Date: 02 June 2009
• Docket Number: 702.
• Citation: 63 A.D.3d 421,2009 NY Slip Op 04288,879 N.Y.S.2d 331
• Parties: THE RISK MANAGEMENT PLANNING GROUP, INC., Respondent, v. CABRINI MEDICAL CENTER, Appellant.
• Court: New York Supreme Court — Appellate Division

63 A.D.3d 421

879 N.Y.S.2d 331

2009 NY Slip Op 04288

THE RISK MANAGEMENT PLANNING GROUP, INC., Respondent, v. CABRINI MEDICAL CENTER, Appellant.

702.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 2, 2009.

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered December 9, 2008, which granted plaintiff's motion for summary judgment on its cause of action for an account stated, unanimously affirmed, with costs.

Plaintiff established the existence of an account stated with copies of various agreements, at least one of which defendant admittedly found in its own files, demonstrating a debtor-creditor relationship between the parties. Defendant failed to raise an issue of fact that the underlying relationship was either repudiated by it or did not exist (see e.g. Ryan Graphics, Inc. v Bailin, 39 AD3d 249, 250-251 [2007]; Martin H. Bauman Assocs. Inc. v H & M Intl. Transp., Inc., 171 AD2d 479, 485 [1991]). Moreover, the retention of invoices by defendant, in some cases for over three years without comment or objection, is sufficient to create an account stated. Furthermore, it is uncontroverted that defendant attempted partial payment of the invoices (see Morrison Cohen Singer & Weinstein, LLP v Waters, 13 AD3d 51, 52 [2004]).

We have considered defendant's remaining arguments and find them unavailing.

Concur — TOM, J.P., SAXE, SWEENY, ACOSTA and ABDUS-SALAAM, JJ.