IND. DEV. v. U. S. HOFFMAN MACH.


16 A.D.2d 600 (1962)

Industrial Development Foundation of Auburn, New York, Inc., Appellant, v. United States Hoffman Machinery Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 2, 1962.


Attorney(s) appearing for the Case

Gleason, Doyle & Gleason (John P. Doyle of counsel), for appellant.

Coulter, Fraser, Carr, Ames & Bolton (Henry S. Fraser of counsel), for respondent.

WILLIAMS, P. J., BASTOW, HALPERN, McCLUSKY and HENRY, JJ., concur.


Per Curiam.

The part of the cause of action pleaded in the complaint which seeks recovery for the value of use and occupation or for profits received by the defendant by reason of such use and occupation for the period from March 23, 1956 to April 4, 1958 is barred, and the motion for summary judgment should be granted as to that part of the complaint. All equitable and legal relief for a single wrong must be sought...

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