GARCETE v. LAZAR


294 A.D.2d 118 (2002)

743 N.Y.S.2d 68

EDGAR M. GARCETE, Appellant, v. JOAN LAZAR, Respondent.

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

Decided May 2, 2002.


Plaintiff vacated the apartment that he had rented from defendant without taking his furniture; defendant rented the apartment to a new tenant some nine weeks later with plaintiff's furniture still in it. Plaintiff seeks to recover the value of the furniture, alleging defendant's breach of an oral contract to purchase the furniture, conversion of the furniture and unjust enrichment. Under the parties' lease, plaintiff was required at the end of the term to remove all of his...

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