Standardbred Owners Ass'n v. Yonkers Racing Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for breach of contract, the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Wager, J.), dated May 21, 1992, as granted the branch of the third-party defendant’s motion which was to dismiss the first cause of action in the third-party complaint pursuant to CPLR 3211 (a) (7).
Ordered that the order is affirmed insofar as appealed from, with costs.
The first cause of action pleaded in the third-party complaint seeks recovery in quasi contract based on the doctrine of unjust enrichment.…
2Cases cited4 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Chadirjian v. KanianAppellate Division of the Supreme Court of the State of New York · 1986
- Radio Today, Inc. v. Westwood One, Inc.District Court, S.D. New York · 1988
- Nixon Gear & Machine Co. v. Nixon Gear, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
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- Salomon v. Hampton Athletic Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1997