BLUE HERON CONSTRUCTION COMPANY, LLC v. VILLAGE OF NUNDA


63 A.D.3d 1694 (2009)

881 N.Y.S.2d 573

BLUE HERON CONSTRUCTION COMPANY, LLC, Respondent, v. VILLAGE OF NUNDA, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 12, 2009.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in its entirety and the complaint is dismissed.

Memorandum: Plaintiff commenced this action seeking damages for the alleged breach by defendant of its construction contract with plaintiff and for unjust enrichment. According to plaintiff, it fully and adequately performed the work of the contract, and defendant thus owed plaintiff the...

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