888 CONSTR. v. CITY OF TROY


82 Misc.2d 1004 (1975)

888 Construction, Inc., Plaintiff, v. City of Troy, Defendant.

Supreme Court, Special Term, Rensselaer County.

July 23, 1975


Attorney(s) appearing for the Case

Gearon J. Kimball for plaintiff. Thomas V. Kenney, Jr., Acting Corporation Counsel, for defendant.


EDWARD S. CONWAY, J.

This is a motion by the defendant for an order dismissing the complaint pursuant to CPLR 3211 (subd [a]) upon the grounds that the complaint does not state a cause of action against the defendant.

The action on which the instant motion is predicated is for an alleged unjust enrichment in the sum of $3,500.10 which is the amount of the fee charged by the defendant City of Troy for a building permit issued to plaintiff for permission...

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