Narrative Opinion Summary
An appeal was made from an order issued by the Supreme Court in Jefferson County on January 7, 2014, by Judge James P. McClusky. The order granted the plaintiffs' motion for summary judgment regarding their account stated cause of action. The appellate court has unanimously dismissed the appeal without costs, referencing precedents in Hughes v Nussbaumer, Clarke, Velzy and Chase Manhattan Bank, N.A. v Roberts, as well as CPLR 5501(a)(1). The decision was rendered by Justices Scudder, P.J., Lindley, Valentino, and DeJoseph.
Legal Issues Addressed
Account Stated Cause of Actionsubscribe to see similar legal issues
Application: The court's decision to grant summary judgment was based on the plaintiffs' account stated cause of action, which implies an acknowledgment of debt by the defendant.
Reasoning: The order granted the plaintiffs' motion for summary judgment regarding their account stated cause of action.
Summary Judgment under CPLR 5501(a)(1)subscribe to see similar legal issues
Application: The appellate court upheld the trial court's decision to grant summary judgment to the plaintiffs on their account stated cause of action, demonstrating the application of CPLR 5501(a)(1) in affirming lower court decisions.
Reasoning: The appellate court has unanimously dismissed the appeal without costs, referencing precedents in Hughes v Nussbaumer, Clarke, Velzy and Chase Manhattan Bank, N.A. v Roberts, as well as CPLR 5501(a)(1).