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THELEN LLP v. OMNI CONTRACTING CO., INC.

3950N, 107975/09.

79 A.D.3d 605 (2010)

914 N.Y.S.2d 119

THELEN LLP, Appellant, v. OMNI CONTRACTING CO., INC., Respondent.

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

Decided December 21, 2010.

The record demonstrates that plaintiff was entitled to summary judgment on its cause of action for an account stated. Although discovery had yet to be conducted in this matter, this does not require the denial of the motion as premature (see Duane Morris LLP v Astor Holdings Inc., 61 A.D.3d 418 [2009]).

Contrary to defendant's contention, plaintiff did not have to establish...

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