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BIRNBAUM v. AIRBORNE FRGT.

183 Misc.2d 100 (1999)

702 N.Y.S.2d 500

JAY B. BIRNBAUM, Doing Business as JAY BIRNBAUM COMPANY, Plaintiff, v. AIRBORNE FREIGHT CORPORATION, Defendant.

Supreme Court, Monroe County.

October 5, 1999.

Attorney(s) appearing for the Case

Michael R. Wolford & Associates, Rochester (Deirdre M. Flynn of counsel), for defendant.

Woods, Oviatt, Gilman, Sturman & Clarke, L. L. P., Rochester (Robert D. Hooks of counsel), for plaintiff.

OPINION OF THE COURT

THOMAS A. STANDER, J.

The defendant, Airborne Freight Corporation (Airborne), seeks summary judgment dismissing the plaintiff's complaint. The plaintiff's, Jay B. Birnbaum, doing business as Jay Birnbaum Company (hereinafter jointly referred to as Birnbaum), complaint seeks restitution in the amount of $47,213.21 for out-of-pocket expenses allegedly incurred by plaintiff for making improvements...

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