Order, Supreme Court, New York County (Frank Nervo, J.), entered on or about November 8, 2021, which, to the extent appealed from as limited by the briefs, denied the petition and dismissed the special proceeding, unanimously reversed, on the law, without costs, the special proceeding converted to a plenary action, the petition deemed a complaint with respect to the breach of contract and account stated claims, and the matter remanded for further proceedings.
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