From Casetext: Smarter Legal Research

SUBTLE ENG'G CO. v. MATSEOANE

Appellate Term of the Supreme Court of New York, First Department
Jun 2, 2005
2005 N.Y. Slip Op. 50828 (N.Y. App. Term 2005)

Opinion

570121/03

Decided June 2, 2005.

Defendant appeals 1) from a judgment of the Civil Court, New York County, entered January 8, 2003 (Paul G. Feinman, J.) in favor of plaintiff in the principal sum of $10,314.10, upon an order of the same court and Judge entered December 27, 2002, which had granted plaintiff's motion for summary judgment on its cause of action for an account stated, and 2) from an order of the same court and Judge dated February 18, 2003 which, inter alia, denied defendant's motion to vacate a restraining notice.

Judgment entered January 8, 2003 (Paul G. Feinman, J.) affirmed, with $10 costs. Appeal from order dated February 18, 2003 (Paul G. Feinman, J.) dismissed, without costs, as abandoned.

Before: PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.


Summary judgment was properly granted to plaintiff on its cause of action for an account stated, in view of the defendant's retention without protest of the series of billing statements sent by plaintiff over a period of months and defendant's correspondence expressly acknowledging her debt to plaintiff and her willingness to "make payment arrangements" when her financial situation improved ( see Raj Jewelers v. Dialuck Corp., 300 AD2d 124).

This constitutes the decision and order of the court.


Summaries of

SUBTLE ENG'G CO. v. MATSEOANE

Appellate Term of the Supreme Court of New York, First Department
Jun 2, 2005
2005 N.Y. Slip Op. 50828 (N.Y. App. Term 2005)
Case details for

SUBTLE ENG'G CO. v. MATSEOANE

Case Details

Full title:SUBTLE ENGINEERING CO., Plaintiff-Respondent, v. CAROL MATSEOANE…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jun 2, 2005

Citations

2005 N.Y. Slip Op. 50828 (N.Y. App. Term 2005)