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Graphic Arts Mutual Insurance v. Monello

Graphic Arts Mutual Insurance Co. v. Salvatore Monello

Graphic Arts Mut. Ins. v. Monello, 44 Misc. 2d 588 (1964)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
November 5, 1964
Citations
44 Misc. 2d 588254 N.Y.S.2d 3511964 N.Y. Misc. LEXIS 1326

Opinion of the Court

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Per Curiam.

Plaintiff did not make out the cause of action alleged in the complaint. On the other hand, its motion to amend the complaint to allege causes of action for unjust enrichment and money had and received should have been granted. The motion having been denied, the defendant was not on notice that he was called upon to defend a cause of action for unjust enrichment; had the motion been granted, the defendant might have offered evidence instead of resting. In the interest of justice, we therefore remand the case to the court below for a new trial. The judgment should be reversed and new trial ordered, with $30 costs to appellant to abide the event.

Concur — Hofstadter, J. P., Tilzer and Gold, JJ.

Judgment reversed, etc.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1967: 12007: 119672026peak 1967 · 1

Relies on it most ⓘ

  1. Emhart Industries, Inc. v. Home Insurance515 F. Supp. 2d 228 (D.R.I. 2007)
  2. Town Board of Fallsburgh v. National Surety Corp.53 Misc. 2d 23 (N.Y. Sup. Ct. 1967)

Most recent

  1. Emhart Industries, Inc. v. Home Insurance515 F. Supp. 2d 228 (D.R.I. 2007)
  2. Town Board of Fallsburgh v. National Surety Corp.53 Misc. 2d 23 (N.Y. Sup. Ct. 1967)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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