PAT PELLEGRINI FLOORING CORP. v. SEROTA

2007-971 QC.

2008 NY Slip Op 51555 (U)

PAT PELLEGRINI FLOORING CORPORATION, Respondent, v. STUART SEROTA, Appellant.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 10, 2008.


In its amended complaint, plaintiff sought to recover the sum of $1,439.28, alleging, as a first cause of action, breach of contract, as a second cause of action, an account stated, and as a third cause of action, quantum meruit, for refinishing defendant's floors and a banister. There was no written contract between the parties. Defendant moved to dismiss the complaint, pursuant to CPLR 3211 (a) (3), (7) and (8), challenging the court's jurisdiction and plaintiff's legal...

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