Account stated.

Practice point: An account stated is an agreement between parties to an account based upon prior transactions between them with respect to the correctness of the account items and balance due. The agreement may be express, or it may be implied by the retention of a bill without objection for an unreasonable period of time and from the surrounding circumstances.

Student note: Whether a bill has been held without objection for a period of time sufficient to give rise to an inference of assent is ordinarily a question of fact, and becomes a question of law only in those cases where only one inference is rationally possible.

Case: Accent Collections, Inc. v. Cappelli Enters., Inc., NY Slip Op 03120 (2d Dept. 2012).

Here is the decision.

Monday’s issue:  Seeking a temporary injunction.