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SPENCE v. BEAR STEARNS & CO., INC.

288 A.D.2d 111 (2001)

733 N.Y.S.2d 341

KATHRYN SPENCE, Appellant-Respondent, v. BEAR STEARNS & CO., INC., Respondent-Appellant and Third-Party Plaintiff-Respondent-Appellant. COLTON HARTNICK YAMIN & SHERESKY et al., Third-Party Defendants-Respondents.

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

Decided November 20, 2001.

This Court, in reversing the IAS court's grant of leave to plaintiff to amend her complaint to include breach of contract and negligence claims and to increase the ad damnum clause, has effectively limited plaintiff's original complaint to a claim for unjust enrichment, with potential damages limited to fees paid to Bear Stearns (264 A.D.2d 601). In the orders here appealed, the motion court correctly interpreted and applied our determination...

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