Opinion
November 15, 1985
Appeal from the Supreme Court, Chautauqua County, Adams, J.
Present — Dillon, P.J., Denman, Boomer, Green and O'Donnell, JJ.
Order unanimously affirmed, with costs. Memorandum: Special Term correctly dismissed plaintiff's cause of action for unjust enrichment against defendant since the record discloses that defendant did not act tortiously or fraudulently when he received a block grant to rehabilitate his home (see, Paramount Film Distr. Corp. v State of New York, 30 N.Y.2d 415, 421, cert denied 414 U.S. 829). There is no evidence that defendant, who was neither a village official nor an employee, had any part in the mismanagement of village funds.