Cable Solutions, Inc. v County of Nassau (2004 NY Slip Op 51239(U))

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Cable Solutions, Inc. v County of Nassau

2004 NY Slip Op 51239(U)

Decided on October 21, 2004

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 21, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
2003-1302 N C

CABLE SOLUTIONS, INC., Respondent,

against

COUNTY OF NASSAU, Appellant.

Appeal by defendant from an order of the District Court, Nassau County (S. Fairgrieve, J.), entered on July 15, 2003, denying its motion to dismiss the complaint.

Order unanimously affirmed without costs.

Defendant's motion to dismiss the complaint was properly denied. The complaint properly states causes of action asserting breach of contract, account stated
and unjust enrichment. Moreover, the applicable limitations periods were extended
pursuant to General Obligations Law § 17-101 by virtue of defendant's acknowledgment of the obligation owed to plaintiff for services rendered in 1993.
Decision Date: October 21, 2004