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ACCURATE COPY SERVICE OF AMERICA, INC. v. FISK BUILDING ASSOCIATES L.L.C.

2504, 101802/08.

72 A.D.3d 456 (2010)

899 N.Y.S.2d 157

ACCURATE COPY SERVICE OF AMERICA, INC., et al., Appellants, v. FISK BUILDING ASSOCIATES L.L.C. et al., Respondents.

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

Decided April 6, 2010.

The first cause of action alleging breach of the subject leases was properly dismissed, since the complaint fails to even allege that Fisk did not enforce the electricity provisions of the leases in conformance with their terms or that the profit earned by Fisk violates the terms of the leases. Dismissal of the second cause of action for unjust enrichment was warranted because there is an enforceable agreement between the parties (see Singer Asset Fin. Co., LLC v Melvin...

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