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Posts Categorized: Unjust Enrichment

Posted: April 25, 2017

Client Q&A: My company has been sued for replevin, conversion, promissory estoppel, and constructive trust

My company has been sued for replevin, conversion, promissory estoppel, and constructive trust. What do these words even mean?! By Vitali S. Rosenfeld Misappropriation of assets takes many forms and invites all kinds of claims seeking various legal remedies. Very often, many alternative claims are asserted for the same alleged wrong. For instance, it is… Read more »

Posted: September 18, 2016

Use of Unjustly Received Information Can be Basis for Unjust Enrichment Claim

On September 12, 2016, Justice Ostrager of the New York County Commercial Division issued a decision in Xaleron Pharmaceuticals, Inc. v. Actavis, Inc., 2016 NY Slip Op. 31708(U), refusing to dismiss an unjust enrichment claim based on the misappropriation of a business strategy, explaining: To state a claim for unjust enrichment, a plaintiff must allege… Read more »

Posted: April 30, 2016

Unjust Enrichment Claim Against Company Owner Based on Payments Made to Company Upheld

On April 20, 2016, the Second Department issued a decision in Shah v. Exxis, Inc., 2016 NY Slip Op. 02981, upholding an unjust enrichment claim against a company’s owner based on payments made to the company. In Shah, the plaintiff brought an action against the defendants for repayment of money allegedly loaned to the corporate… Read more »

Posted: January 10, 2016

Unjust Enrichment Claim Should Not Have Been Dismissed As Duplicative of Breach of Contract Claim

On January 7, 2016, the First Department issued a decision in Cleo Realty Associates, L.P. v. Uptown Birds, LLC, 2016 NY Slip Op. 00028, reversing the dismissal on summary judgment of an unjust enrichment claim, explaining: “The court erred in dismissing the unjust enrichment cause of action as against Kopulos and Fauna as duplicative of… Read more »

Posted: October 23, 2015

Unjust Enrichment Claim Dismissed For Lack of Relationship Between Parties

On October 16, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in Robinson v. Oz Master Fund, Ltd., 2015 NY Slip Op. 31942(U), dismissing a claim for unjust enrichment, explaining: To maintain an unjust enrichment cause of action, a plaintiff must show that (1) the other party was enriched, (2)… Read more »

Posted: October 7, 2015

Unjust Enrichment Claim Requires Relationship Between Plaintiff and Defendant

On October 6, 2015, the First Department issued a decision in Schroeder v. Pinterest Inc., 2015 NY Slip Op. 07232, affirming the dismissal of an unjust enrichment claim, explaining: The motion court properly dismissed the cause of action for unjust enrichment as against [the defendant]. To state a claim for unjust enrichment, a plaintiff must… Read more »

Posted: September 26, 2015

Limitations Period for Unjust Enrichment as Alternative to Tort is Same As for the Tort

On September 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Vandashield LTD v. Isaccson, 2015 NY Slip Op. 31782(U), analyzing the limitations period for claims of unjust enrichment. In Vandashield, the defendants moved to dismiss the complaint on various grounds, including that the plaintiffs’ unjust enrichment claims were… Read more »

Posted: September 17, 2015

Unjust Enrichment Claim Based on Use of Video Clip Preempted by Civil Rights Law §§ 50 and 51

On September 16, 2015, the Second Department issued a decision in Sondik v. Kimmel, 2015 NY Slip Op. 06803, affirming the dismissal of an unjust enrichment claim “to recover damages for the nonconsensual use of a video clip . . . in a segment of the Jimmy Kimmel Live television show,” because “[c]ommon-law unjust enrichment… Read more »

Posted: September 15, 2015

Even Though Sports Agency Contract Void, Agent Can Recover for Unjust Enrichment

On September 4, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in Crespo v. Biyombo, 2015 NY Slip Op. 31710(U), declining to dismiss a claim for unjust enrichment. In Crespo, the plaintiff sued to enforce a sports agency contract and for unjust enrichment to recover the monies he spent in… Read more »