First Deposit Nat. Bank v. Moreno

In First Deposit Nat. Bank v. Moreno, 159 Misc 2d 920 [NYC Civ.Ct.,1993] the Court presented with an action to enforce an account stated. In granting the motion for summary judgment the Court noted: "Plaintiff has submitted copies of the Agreement and monthly account statements sent to Defendant. The final statement demands the amount claimed due in this action... Plaintiff's Assistant Vice President states that, after the statements were mailed to Defendant, she never objected to any of the statements. Thus, Plaintiff has made out its prima facie case for both its breach of contract and account stated causes of action." (Id. at 921).