Order and judgment reversed, with $10 costs and disbursements, and motion denied, without costs.
In our opinion the complaint may be construed as alleging, at least, a cause of action at law against appellant for money had and received (cf. MacMurray v. City of Long Beach, 292 N.Y. 286, 291) of which the City Court of Yonkers has jurisdiction. Summary judgment, however, should not have been granted. Questions of fact are presented which require a trial, particularly...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
