Discover Bank v Maler, 2014 NY Slip Op 50144(U)(App. Term 2d Dept. 2014),
A no-fault bill was once analogized to an account stated. In Etienne, we learned that admissible proof was not necessary to prove the account that was stated.
Now, in Discover Bank v Maler, we learn that an account stated requires proof in admissible form:
“The record discloses no evidentiary error warranting reversal. A proper foundation was established for the admission of the billing statements generated by plaintiff, since its witness was sufficiently familiar with plaintiff’s corporate records and its record keeping procedures “to aver that the records [are] what [they] purport to be and that [they] came out of [plaintiff’s] files” (DeLeon v Port Auth. of NY & N.J., 306 AD2d 146, 146 [2003]).”
