Motion by defendant for an order pursuant to CPLR 3211 (a) (1) and (6) dismissing the second cause of action based upon documentary evidence and for failure to state a cause of action is denied.
Plaintiff's action is to recover legal fees. The second cause of action is under the theory of an account stated. Defendant's motion challenges this theory with a letter from plaintiff which states in pertinent part: "I also...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
