Order unanimously modified on the law and as modified affirmed with costs to defendant in accordance with the following Memorandum: Plaintiff commenced this action seeking damages for defendant's failure to pay for construction materials and supplies delivered to defendant on credit. The complaint asserts three bases for relief: breach of contract, account stated, and quantum meruit. In his answer, defendant asserted that River Resorts of Ogdensburg (River Resorts), not defendant...
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