Birnbaum v. Airborne Freight Corp.

OPINION OF THE COURT

Thomas A. Stander, J.

The defendant, Airborne Freight Corporation (Airborne), seeks summary judgment dismissing the plaintiff’s complaint. The plaintiff’s, Jay B. Birnbaum, doing business as Jay Birnbaum Company (hereinafter jointly referred to as Birnbaum), *101complaint seeks restitution in the amount of $47,213.21 for out-of-pocket expenses allegedly incurred by plaintiff for making improvements to premises proposed to be leased. These expenses include a new roof,, a building permit fee, architect’s plans, building materials, and legal fees. The parties concede that they…