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QUEDAN CONSTR. SERVS., INC. v. WEINMAN BROS., INC.

9641, 600756/09.

104 A.D.3d 582 (2013)

960 N.Y.S.2d 900

2013 NY Slip Op 2011

QUEDAN CONSTRUCTION SERVICES, INC., Appellant, v. WEINMAN BROS., INC., Respondent.

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

March 26, 2013.

Judgment, Supreme Court, New York County (Jane S. Solomon, J.), entered April 19, 2012, dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to preserve its claim that the trial court prematurely dismissed its unjust enrichment claim. In any event, the dismissal before trial was appropriate, since plaintiff was required, at trial, to make an election between its alternative theories of recovery...

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