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C.A. FOLEY CONSTR. CO., INC. v. DAVIS

51 A.D.2d 834 (1976)

C. A. Foley Construction Co., Inc., Respondent, v. Chester C. Davis et al., Appellants, et al., Defendant

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

February 19, 1976

Special Term properly granted plaintiff's motion to amend its complaint in this action for damages for breach of contract and unjust enrichment for the construction of a dairy barn and office, and denied the cross motion for summary judgment. The proposed amendment alleges that the construction was performed by C. A. Foley and, at the time of plaintiff's incorporation, plaintiff purchased the assets of the C. A. Foley Construction Company owned by C. A. Foley, including appellants...

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