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PARK TYSEN ASSOCS. v. DOLLINGER, GONSKI, GROSSMAN, PERMUT & HIRSCHHORN

236 A.D.2d 377 (1997)

654 N.Y.S.2d 317

Park Tysen Associates, Appellant, v. Dollinger, Gonski, Grossman, Permut & Hirschhorn, Respondent

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

February 3, 1997

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the order is vacated, the complaint is reinstated, and the defendant's motion for summary judgment is denied.

There is conflicting evidence as to whether or not the defendant acted reasonably in failing to include a counterclaim for unjust enrichment in the answer it prepared and served on behalf of the plaintiff in the plaintiff's now...

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