Thelen LLP v. Omni Contracting Co.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered July 15, 2010, which, in an action to recover legal fees, denied plaintiff’s motion for summary judgment on its cause of action for an account stated, unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

*606The 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…