Account Stated as a Cause of Action in New York

Account Stated

“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” ( Caring Professionals, Inc. v. Landa, 152 A.D.3d 738, 739, 60 N.Y.S.3d 193 [N.Y. App. Div. 2017]).” First Class Concrete Corp. v. Rosenblum, 167 A.D.3d 989 (N.Y. App. Div. 2018).

“An essential element of an account stated is that the parties came to an agreement with respect to the amount due (see Episcopal Health Servs., Inc. v. POM Recoveries, Inc., 138 A.D.3d 917, 919, 31 N.Y.S.3d 113 ; Cameron Eng’g & Assoc., LLP v. JMS Architect & Planner, P.C., 75 A.D.3d 488, 489, 903 N.Y.S.2d 755).” Caring Professionals, Inc. v. Landa, 60 N.Y.S.3d 193 (N.Y. App. Div. 2017).