Order unanimously reversed on the law without costs and motion denied.
Memorandum:
Flower City Asbestos, Inc. and Flower City Insulation Sales and Contractors, Inc. (defendants) appeal from an order purporting to grant plaintiff's motion for partial summary judgment as to liability. The oral decision attached to the order and made a part thereof makes clear that the basis for the order is an account stated. That theory was not alleged in the complaint, nor...
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