Practice point: The court found that defendants raised an issue of fact whether they objected to the
March 5, 2008 invoice that is the sole basis of the account stated cause
of action. In correspondence throughout early March 2008,
including a letter dated March 6, defendants refer to "the amount
allegedly owed," and, from plaintiff's responding correspondence, it
appears that plaintiff understood that language as a challenge to the
validity of the invoice.
Student note: In light of the strong policy of resolving disputes on the merits, and in the absence of a claim of prejudice by plaintiff, the court considered defendants' opposition to plaintiff's motion, despite the fact that it was served five or six hours after the time to which the parties stipulated.
Case: Hoffinger Stern & Ross, LLP v. Neuman, NY Slip Op 06936 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Property owners, notice, and summary judgment.
