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LOHEAC, P.C. v. CHILDREN'S CORNER LEARNING CENTER

51 A.D.3d 476 (2008)

857 N.Y.S.2d 143

HENRY LOHEAC, P.C., Respondent, v. CHILDREN'S CORNER LEARNING CENTER et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 8, 2008.

Plaintiff's allegations are supported by documentary evidence and easily withstand contradiction by any extrinsic evidence submitted in support of defendants' motion. Plaintiff was not precluded from bringing an action for breach of contract and, as alternative theories, quantum meruit and unjust enrichment (see Ellis v Abbey & Ellis, 294 A.D.2d 168, 170 [2002], lv denied 98 N.Y.2d 612 [2002]; Siegel, Practice Commentaries...

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