FEDERAL EXPRESS CORPORATION v. FEDERAL JEANS INC

Reset A A Font size: Print

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

FEDERAL EXPRESS CORPORATION, Plaintiff-Respondent, v. FEDERAL JEANS, INC., Defendant-Appellant.

Decided: January 20, 2005

MAZZARELLI, J.P., WILLIAMS, GONZALEZ, SWEENY, CATTERSON, JJ. Vassalle, Kolmes & Associates, New York (Andrew Giuseppe Vassalle of counsel), for appellant. Anes, Friedman, Leventhal & Balistreri, PLLC, New York (Harvey L. Woll of counsel), for respondent.

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.