AFBT-II, LLC v. Country Village on Mooney Pond, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract and conversion, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Underwood, J.) dated July 23, 2004, as granted the plaintiff’s motion for leave to amend the complaint to the extent of permitting it to add a cause of action against the defendants Lawrence T. Gresser and Joseph Simeone for money had and received.
Ordered that the appeal by the defendant Country Village on Mooney Pond, Inc., is dismissed, without costs or disbursements, as that defendant is not…
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