Cattaraugus County Bank v. Benderson Development Co‪.‬

On September 10, 1999 and April 30, 2001, Concord Roofing, Inc., which apparently owed plaintiff Cattaraugus County Bank a substantial amount of money, signed promissory notes and security agreements which gave plaintiff a security interest in Concords accounts receivable. Concord defaulted and plaintiff commenced this action against defendant Benderson Development Company, claiming that defendant owed money to Concord and that plaintiffs security interest in Concords accounts receivable authorized the suit against defendant. Three causes of action were asserted: one for an account stated, one for breach of contract, and one based on quantum meruit. Defendants answer alleged that Concord failed to finish its work causing defendant to incur extra costs by hiring replacement contractors, that some of the invoices to Concord had been paid, that some services and/or materials supplied by Concord were not billed at a reasonable or agreed-upon rate, that Benderson had offsets which exceeded the amounts allegedly due and that it had no record of the invoices which plaintiff claims reflect amounts owed by Benderson to Concord.