Ward v. Feltman

In an action for restitution and to recover for unlawful use and occupation of real property, order granting defendants’ motion to dismiss the complaint for insufficiency, under rule 106 of the Rules of Civil Practice, and the judgment of dismissal thereon entered, reversed, with $10 costs and disbursements, and the motion denied, with $10 costs. In our opinion plaintiffs, suing by their first cause of action for restitution upon the ground of unjust enrichment of defendants during the continuance of injunctions and stays issued by the court, do not sue for damages resulting from the…