American Express Centurion Bank v Cutler, 2011 NY Slip Op 01227 (2d Dept. 2011)
“Here, the plaintiff failed to make a prima facie showing of its entitlement to judgment as a matter of law on the cause of action to recover on an account stated. The plaintiff’s evidentiary submissions did not include the monthly credit card billing statements which form the basis of its cause of action to recover on an account stated, and the affidavit of the plaintiff’s employee contained no facts showing that the defendant retained the subject billing statements for an unreasonable period of time without objecting to them, or that he made partial payment on the billing statements”
Assuming you are prosecuting a PIP case outside the Second Department (or a hospital case that begins in the Supreme Court in the Second Department) and the Court applies an account stated theory of liability, see the above.
