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GERZOF v. SWEENEY

29 A.D.2d 646 (1968)

Julius M. Gerzof, Respondent-Appellant, v. Robert J. Sweeney, as Mayor of The Incorporated Village of Freeport, et al, Respondents; and Nordberg Manufacturing Co., Appellant-Respondent. Robert J. Sweeney et al., Appellants-Respondents

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

January 3, 1968

As so modified, judgment affirmed insofar as appealed from, without costs. Settle order on ten days' notice.

Since this is an action for recovery-back, as distinguished from an action on a contract for payment of the contract price or in quantum meruit, equitable principles govern (Ryszka v. Board of Educ., 126 Misc. 622; cf. Shoemaker v. Buffalo Steam Roller Co., 165 App. Div. 836; Vincennes Bridge...

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