Hull v. City of North Tonawanda

Appeal from an order of the Supreme Court, Niagara County (Amy J. Fricano, J.), entered March 5, 2003. The order, insofar as appealed from, denied that part of plaintiffs motion for summary judgment on the second cause of action seeking damages based on an account stated.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied that part of plaintiff’s motion seeking summary judgment on the second cause of action based on an account stated. Plaintiff commenced this action seeking payment for…