Court of Appeals of New York

In an unjust-enrichment action arising out of plaintiff's sale of land to defendant, and a third party's subsequent entry into a conditional contract to purchase that land, summary judgment entered against the third party is reversed where: 1) a stipulation concerning the third party's obligation to pay defendants' pro rata share of property taxes could be enforced by the court; but 2) no party had moved for summary judgment under CPLR 3212; and 3) issue had not been joined by the third party, and summary judgment against the third party regarding claims for breach of the contract was therefore inappropriate.

Appellate Information

• Decided 11/20/2008
• Published 11/20/2008

Judges

Court

• Court of Appeals of New York

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