Sachs v. Saloshin

In an action, inter alia, to recover damages for breach of an oral contract relating to the rental of a dental facility, the defendant appeals from so much of an order of the Supreme Court, Nassau County (McCabe, J.), entered June 15, 1987, as granted that branch of the plaintiffs’ cross motion which was for summary judgment dismissing the defendant’s counterclaim for restitution predicated upon a theory of unjust enrichment.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly granted that branch of the plaintiffs’ cross motion…