Tracy v. Talkline Broadcasting Corp.

OPINION OF THE COURT

Anthony A. Scarping, Jr., J.

Motion by defendant for an order pursuant to CPLR 3211 (a) (1) and (6) dismissing the second cause of action based upon documentary evidence and for failure to state a cause of action is denied.

Plaintiff’s action is to recover legal fees. The second cause of action is under the theory of an account stated. Defendant’s motion challenges this theory with a letter from plaintiff which states in pertinent part: "I also enclose a copy of our bill, which includes all hours billed in connection with the *714preparation of the enclosed posttrial…