Appellate Division of the Supreme Court of the State of New York November 15, 1985 (Village of Celoron v. Boutelle)

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 NY2d 415, 421, cert *311denied 414 US 829).