Sky Materials Corp. sued R. Froehlich and his company -- Frog Hollow Industries -- to recover damages for breach of contract and "unjust enrichment," and attempted to foreclose on three mechanics' liens.
But both the Suffolk County Supreme Court and the Appellate Division, Second Department, thought that Sky’s claims should be dismissed because the work allegedly undertaken hadn’t been performed with consent or by request, no written or oral contract between the parties existed, and neither Froehlich nor his company derived any benefit from the alleged work.
Now that was blown sky high!
To view a copy of the Appellate Division’s decision, please use this link: Sky Materials Corp. v Frog Hollow Indus., Inc.