SCHWARTZ v. MANFREDI


72 A.D.2d 579 (1979)

Fred M. Schwartz, Appellant, v. Frank M. Manfredi et al., Individually, and Doing Business as Manfredi & Bondi, Successors in Interest to Manfredi, Bondi & Schwartz, Respondents

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

October 22, 1979


Order reversed, with $50 costs and disbursements, defendants' motion denied and plaintiff's complaint reinstated.

Defendants' time to answer is extended until 20 days after service upon them of a copy of the order to be entered hereon, together with notice of entry thereof. The plaintiff's complaint essentially alleges an equitable cause of action based upon unjust enrichment. He is not seeking a formal partnership accounting...

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