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KNOBEL v. MANUCHE

137 Misc.2d 320 (1987)

Franklin E. Knobel, Doing Business as First Leasehold Management Company, Plaintiff, v. George J. Manuche, Jr., Defendant.

Supreme Court, New York County.

October 23, 1987

Attorney(s) appearing for the Case

Shaw, Goldman, Licitra, Levine & Weinberg, P. C. (Joseph Sferrzaaz of counsel), for plaintiff. Jeffrey Cylkowski for defendant.

MARTIN B. STECHER, J.

This action for breach of contract was previously tried without a jury and by decision dated November 21, 1986, I determined that the plaintiff was not entitled to recover on his contract. However, at the end of the plaintiff's case he moved to amend his pleadings to conform to the proof (CPLR 3025 [c]) by inserting in the complaint a cause of action for quantum meruit. The motion to amend...

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