Reade v. Cardinal Health, Inc.
Opinion of the Court
Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered January 23, 2004, which, to the extent appealed from as limited by the briefs, denied plaintiffs cross motion for partial summary judgment dismissing a counterclaim based on an account stated and denied the motion by defendants Daly and Whitmire Distribution for partial summary judgment on that counterclaim and another counterclaim for unjust enrichment, unanimously modified, on the law, plaintiffs cross motion granted, the seventh counterclaim dismissed, and otherwise affirmed, without costs.
In this action for breach of contract and related claims, the
Defendants’ summary judgment motion on the alternative unjust enrichment claim was properly denied. There is at least a question of fact as to whether a contract governs the purchases at issue. Concur—Buckley, EJ., Tom, Andrias, Saxe and Marlow, JJ.
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