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LEXINGTON MILK BAR, INC. v. 38 EAST 23RD STREET CORP.

279 A.D. 578 (1951)

Lexington Milk Bar, Inc., Respondent, v. 38 East 23rd Street Corp., Appellant

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

October 23, 1951.

We think that whatever may be said on the question of the illegality of the arrangement by which the sum of $4,900 was paid by plaintiff to defendant, there was a failure of consideration in the eventuation and unjust enrichment requiring judgment in favor of the plaintiff.

Judgment unanimously affirmed...

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