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BACHMANN v. CSORBA

65 A.D.2d 804 (1978)

Leonard Bachmann, as Executor of Catherine M. Roesch, Also Known as Catherine M. Bachmann, Deceased, Respondent, v. Mary Csorba et al., Defendants, and Paul Csorba et al., Appellants

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

November 27, 1978

Judgment affirmed insofar as appealed from, with costs.

Special Term correctly determined that the retention by appellants of the funds given to them, under the circumstances developed at the trial, would amount to an unjust enrichment (see Sharp v Kosmalski, 40 N.Y.2d 119; Matter of Philippson, 92 Misc.2d 84

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