An account stated must be supported by evidence in admissible form

If you were injured due to someone else’s careless actions, we understand the challenges you may be facing. As a victim or a surviving family member, you could be dealing with the life-altering consequences of a serious accident.

Velocity Invs., LLC v Cocina, 2010 NY Slip Op 06854 (4th Dept. 2010)

“We agree with defendant that Supreme Court erred in granting the motion inasmuch as plaintiff failed to submit nonhearsay evidence to support the cause of action for an account stated. We therefore modify the judgment accordingly. Although plaintiff submitted copies of credit card statements allegedly sent to defendant, who failed to pay or to object to them, plaintiff failed to lay a proper foundation for the admission of those documents as business records pursuant to CPLR 4518 (a) (see West Val. Fire Dist. No. 1 v Village of Springville, 294 AD2d 949), which was the only basis proffered by plaintiff for their admissibility.”

Those who analogize a no-fault action to an account stated cause of action should take a minute to lament at what this case says.

Facebook
Twitter
Email
Print

Latest Article

DON'T ACCEPT LESS THAN WHAT YOU'RE OWED!

Choosing the right legal representation is one of the most critical decisions you can make after an accident.

Partnering with a skilled, experienced, and dedicated personal injury attorney can bolster your case and position you to secure the full financial compensation you’re entitled to.

Our firm is ready to manage every aspect of your case, including negotiations with insurance companies. We reject inadequate settlement offers and relentlessly fight for the maximum compensation you rightfully deserve.

Contact Us – We’re Here to Help


    5-Star Rating on Google