CHECKS REFLECTED THAT THE DISPUTED INVOICE HAD BEEN FULLY PAID
In a commercial claims case brought in the Kings County Civil Court, CEH&AC alleged that it was owed money for heating system services provided to MRE&P.
While the plaintiff alleged that some $2,203.94 was due, after a hearing (and a review of the defendant’s payment receipts), the judge ended up dismissing the case.
On appeal, the Appellate Term, Second Department, noted that the defendant’s check memos reflected that the payments were to be applied to the disputed invoice and that any overage was to be applied to another open invoice.
Since the money being sought wasn’t actually due, the AT2 thought that the Civil Court had “rendered substantial justice between the parties” and affirmed the dismissal.
Best they post a memo to that file.
# # #
DECISION