Covert Avenue Apartments, Inc. v. Town of Babylon

In an action, inter alia, to recover damages for unjust enrichment and fraud, the defendants separately appeal from an order of the Supreme Court, Suffolk County (Luciano, J.), entered June 6, 1986, which denied the defendant Town of Babylon’s motion to dismiss the complaint as against it for failure to state a cause of action, denied the defendant Southwest Sewer District’s motion for an order of preclusion, or, in the alternative, to direct the service of a further bill of particulars with respect to certain items contained in the plaintiff’s bill of particulars, and granted the plaintiff’s…