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TRENHOLM-OWENS v. CITY OF YONKERS

2018-09471. Index No. 58824/16.

197 A.D.3d 521 (2021)

153 N.Y.S.3d 26

2021 NY Slip Op 04627

Mary Joan Trenholm-Owens, Appellant, v. City of Yonkers, Respondent.

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

Decided August 4, 2021.

Attorney(s) appearing for the Case

Andrew M. Romano , Yonkers, NY, for appellant.

Matthew I. Gallagher , Corporation Counsel, Yonkers, NY ( Dusan Lakic of counsel), for respondent.

Hinds-Radix, J.P., Connolly, Iannacci and Christopher, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant's motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action to recover damages for unjust enrichment, and substituting therefor a provision denying that branch of the defendant's motion; as so modified, the order is affirmed, without costs or disbursements.

The plaintiff owns real property...

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