Practice point: An essential element of an account stated is that the parties came to an agreement with respect to the amount due.
Student note: An account stated is an agreement, express or implied, between the parties to an account based upon prior transactions between them with respect to the correctness of account items and a specific balance due on them which is independent of the original obligation.
Case: Caring Professionals, Inc. v. Landa, NY Slip Op 05803 (2d Dep't July 26 2017)
Here is the decision.
Tomorrow's issue: Open-court stipulations.
