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Current Developments in the Commercial Divisions of the
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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 the contract cause of action. The alleged dissipation of Uptown Birds’s assets and the opening of the new pet store are not events arising out of the same subject matter as that governed by the lease or the guaranty” at issue in the breach of contract cause of action. (Internal quotations and citations omitted) (emphasis added).

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