KEARNS v. MINO


83 A.D.2d 606 (1981)

Kenneth Kearns, Appellant-Respondent, v. A. Augustus Mino et al., Respondents-Appellants

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

July 20, 1981


Judgment modified, by adding to the first decretal paragraph, after the word "dismissed", the following: "except as to the third cause of action for unjust enrichment". As so modified, judgment affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a nonjury trial in accordance herewith.

Plaintiff's proof included evidence that, as part of the consideration for his intended purchase of defendants' property...

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