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SAUNDERS v. KLINE

75 A.D.2d 531 (1980)

John C. Saunders, Appellant, v. Nathan S. Kline, Respondent

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

April 15, 1980

We find that the evidence was sufficient to sustain the jury's verdict for the plaintiff in the sum of $3,333.33 on the second trial of this action, previously held by this court to be an action to recover for unjust enrichment (Saunders v Kline, 55 A.D.2d 887). Accordingly we have concluded that the Trial Justice erred in setting aside the jury verdict and dismissing the complaint on the alternative grounds of the one-year Statute...

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