OLD SALEM DEVELOPMENT GROUP, LTD. v. TOWN OF FISHKILL


301 A.D.2d 639 (2003)

754 N.Y.S.2d 333

OLD SALEM DEVELOPMENT GROUP, LTD., et al., Respondents, v. TOWN OF FISHKILL, Appellant.

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

Decided January 27, 2003.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the defendant's motion pursuant to CPLR 3211 (a) (7) which was to dismiss the third cause of action to recover damages for unjust enrichment. On a motion to dismiss pursuant to CPLR 3211, the court must "accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only...

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