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CUSHMAN & WAKEFIELD, INC. v. KADMON CORPORATION, LLC

9628, 652055/18.

175 A.D.3d 1141 (2019)

105 N.Y.S.3d 878

2019 NY Slip Op 06456

Cushman & Wakefield, Inc., Appellant, v. Kadmon Corporation, LLC, Doing Business as Kadmon, LLC, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 10, 2019.

Attorney(s) appearing for the Case

Steven Landy & Associates, PLLC, New York ( David A. Wolf of counsel), for appellant.

Axelrod, Fingerhut & Dennis, New York ( Osman Dennis of counsel), for respondent.

Concur—Sweeny, J.P., Manzanet-Daniels, Kapnick, Oing, Singh, JJ.

Plaintiff Cushman & Wakefield, Inc's (Cushman) August 17, 2017 invoice, in addition to the September 14, 2017 demand letter, were sufficient to create an account stated (see Rosenberg Selsman Rosenzweig & Co. v Slutsker, 278 A.D.2d 145, 145 [1st Dept 2000]). Nevertheless, a discrete invoice does not evidence a mutually agreed upon balanced account, as "[w]here an account is rendered...

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