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FEDERAL EXPRESS CORPORATION, Plaintiff-Respondent, v. FEDERAL JEANS, INC., Defendant-Appellant.
Judgment, Supreme Court, New York County (Paula J. Omansky, J.), entered December 8, 2003, awarding plaintiff damages in the principal amount of $41,762.00, unanimously affirmed, with costs.
Defendant received plaintiff's invoices for services rendered, and retained them without properly objecting in a reasonable amount of time. Failure to pay those invoices entitled plaintiff to judgment on an account stated (see Manhattan Telecom. Corp. v. Best Payphones, 299 A.D.2d 178, 749 N.Y.S.2d 246 [2002], lv. denied 100 N.Y.2d 507, 764 N.Y.S.2d 235, 795 N.E.2d 1244 [2003] ). Contrary to defendant's contention, the computer-generated invoices and billing records of the amounts due were properly admitted as business records since plaintiff established that the information contained therein was entered into the computer in the regular course of business (see CPLR 4518[a]; Gailey Co. v. Wahl, 262 A.D.2d 985, 692 N.Y.S.2d 563 [1999] ).
We have considered defendant's remaining contentions and find them without merit.
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Decided: January 20, 2005
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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