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KAVANAU v. VIRTIS CO., INC.

32 A.D.2d 754 (1969)

J. Lee Kavanau, Appellant, v. Virtis Company, Inc., et al., Respondents

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

June 10, 1969

Order entered on or about January 13, 1969, dismissing complaint, unanimously reversed on the law, with $50 costs and disbursements to the appellant, and motion denied, and the judgment entered thereon reversed.

The Court of Appeals (21 N.Y.2d 837, Feb. 22, 1968) has expressly permitted the plaintiff or his assignor to bring an action in damages in quantum meruit. Such is the general nature of the complaint before us. And...

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