Legal Opinion

Adonis Construction, LLC v. Battle Construction, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 8, 2013Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered April 25, 2012. The order, insofar as appealed from, denied defendant’s motion for partial summary judgment.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted and the second and third causes of action are dismissed.

Memorandum: Defendant appeals from that part of an order denying its motion seeking partial summary judgment dismissing the second and third causes of action, alleging unjust enrichment and quantum meruit,…

2Cases cited7 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  3. Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
  4. A.H.A. General Construction, Inc. v. New York City Housing AuthorityNew York Court of Appeals · 1998
  5. Rifenburg Construction, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2011

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