Winning On An Appeal
Partner, Anthony Carlini, obtained a reversal for his client, the Plaintiff, on appeal of the Supreme Court, Ulster County's Decision and an award in excess of $3,000,000.
In the case, Plaintiff, a solar array manufacturer and installer contracted with an owner of a large commercial complex located in Kingston, New York. As part of its work, Plaintiff was required to purchase approximately 1.9 million dollars of solar cells to build the large solar arrays. Plaintiff billed the Defendant owner but never received payment.
The trial court dismissed Plaintiff's case in its entirety finding that there was no enforceable contract. The trial Court's decision was immediately appealed to the Appellate Division, Third Department. After oral argument, the Appellate Division found that the trial court had erred in dismissing the case. The Appellate Division not only reversed the trial court's Decision, it granted to Plaintiff an affirmative judgment of 3.1 million dollars, which included in excess of $1,000,000 in interest. The Appellate Division based its ruling on the doctrine of "account stated" which dictates that if a person receives an invoice and retains it without objection then he is liable for the amount invoiced.