DUKES OF DIXIELAND v. AUDIO FID., INC.


19 A.D.2d 872 (1963)

Dukes of Dixieland, Respondent, v. Audio Fidelity, Inc., Defendant-Appellant and Third-Party Plaintiff. Joseph P. Delaney, Third-Party Defendant

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

November 19, 1963


Order, entered July 12, 1962, denying defendant's motion for summary judgment dismissing the plaintiff's fourth cause of action, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion granted, with $10 costs, but with leave to plaintiff to serve an amended complaint pleading a cause of action upon a quantum meruit basis in place of said fourth cause of action.

The allegations of the fourth cause of action, as amplified...

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