100 A.D.2d 923 | N.Y. App. Div. | 1984
In an action, inter alia, for tuition reimbursement pursuant to subdivision 4 (formerly subd 5) of section 3202 of the Education Law, defendant appeals from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated January 20,1983, as denied that branch of its motion which sought dismissal of the second cause of action in the amended complaint, which purportedly asserted a claim for an account stated. H Order reversed, insofar as appealed from, on the law, without costs or disbursements, and that branch of defendant’s motion which sought dismissal of plaintiff’s second cause of action granted. U Plaintiff has not stated a cause of action on an “account stated” theory of recovery. Its claim for tuition reimbursement would not exist but for the enactment of subdivision 4 (formerly subd 5) of section 3202 of the Education Law (see Matter of Jeter v Ellenville Cent. School Dist., 41 NY2d 283, 285). 11 Where a cause of action
