Ray Russell & Son v Murphy

[*1] Ray Russell & Son v Murphy 2005 NY Slip Op 50078(U) Decided on January 27, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 27, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, J.P., ANGIOLILLO and COVELLO, JJ.
2004-736 W C

RAY RUSSELL & SON, Respondent,

against

KEITH MURPHY, Appellant.

Appeal by defendant from a commercial claims judgment of the City Court of Yonkers, Westchester County (M. Martinelli, J.), entered on February 27, 2004, awarding plaintiff the principal sum of $1,100.

Judgment unanimously affirmed without costs.

The commercial claims judgment in plaintiff's favor achieved "substantial justice" consistent with substantive law principles (UCCA 1807-A). We find that there was overwhelming evidence of an account stated for plaintiff's plumbing fees (see Jim-Mar Corp. v Aquatic Constr., 195 AD2d 868 [1993]). Defendant retained the invoices and made two payments thereon without objection. These payments constituted defendant's acknowledgment of the bill and its validity and admission of the debt (see Schneider Fuel Oil v DeGennaro, 238 AD2d 495 [1997]).
Decision Date: January 27, 2005