Henry Loheac, P.C. v. Children's Corner Learning Center

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered April 11, 2007, which, to the extent appealed from as limited by the briefs, denied defendants’ motion to dismiss causes of action for an account stated, quantum meruit and unjust enrichment, unanimously modified, on the law, the claim for account stated limited to $25,815.27, and otherwise affirmed, without costs.

Plaintiffs 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…