Blogs

Posts Categorized: Unjust Enrichment

Posted: August 15, 2019

Court Declines to Award Prejudgment Interest on Unjust Enrichment Damages Award

On July 27, 2019, Justice Friedman of the New York County Commercial Division issued a decision in Ostad v. Nehmadi, 2019 NY Slip Op. 32250(U), declining to award prejudgment interest on an unjust enrichment damages claim, explaining: Mr. Ostad’s motion for pre-judgment interest on the award of $400,000, pursuant to CPLR 5001(a), will also be... Read more »

Posted: May 11, 2019

Unjust Enrichment Claim Dismissed for Failure to Aledge How the Defendant Was Unjustly Enriched

On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in Tapestry, Inc. v. Gibb, 2019 NY Slip Op, 31055(U), dismissing an unjust enrichment claim for failure to allege how the defendant was enriched, explaining: In Count V, Tapestry alleges that Gibb and Tidal were unjustly enriched by their wrongful... Read more »

Posted: April 25, 2019

Plaintiff has no Property Interest in Likeness Outside Civil Rights Law

On April 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in Jonas v. Bayer Corp., 2019 NY Slip Op. 30930(U), holding that a plaintiff had no property interest in her likeness outside that granted by the Civil Rights Law, explaining: Jonas’ second cause of action for unjust enrichment is also... Read more »

Posted: September 12, 2018

Unjust Enrichment Claim Survives Dismissal Because of Questions of Fact Regarding Whether Contract Covers Claims

On August 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Georgetown Co., LLC v. IAC/Interactive Corp., 2018 NY Slip Op. 32078(U), declining to dismiss an unjust enrichment claim because of questions of fact regarding whether there was a contract covering the plaintiff’s claims, explaining: The elements of a cause... Read more »

Posted: June 27, 2018

Unjust Enrichment Claim Fails For Lack of Relationship Between Plaintiff and Defendant

On June 20, 2018, the Second Department issued a decision in Crescimanni v. Trovato, 2018 NY Slip Op. 04529, holding that an unjust enrichment claim failed because there was no relationship between the plaintiff and the defendant, explaining: To recover for unjust enrichment, a plaintiff must show that (1) the defendant was enriched, (2) at... Read more »

Posted: May 18, 2018

Unjust Enrichment Claim Dismissed Because Contracts Governed Claims

On May 9, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Pressley v. Ford Models, Inc., 2018 NY Slip Op. 30892(U), dismissing an unjust enrichment claim because contracts governed the claims, explaining: The determination of whether a quasi-contractual claim such as unjust enrichment should be dismissed as duplicative looks... Read more »

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 »