On May 27, 2021, the First Department issued a decision in CIP GP 2018, LLC v. Koplewicz, 2021 NY Slip Op. 03370, holding that unjust enrichment and breach of contract claims are not duplicative when there is a question of fact regarding the existence of a contract, explaining: With respect to the unjust enrichment claim,... Read more »
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Posts Categorized: Unjust Enrichment
Exchange of E-Mails Insufficient to Create Contract, but Could Serve as Basis of Unjust Enrichment Claim
On February 18, 2021, the First Department issued a decision in Sonenshine Partners, LLC v. Duravant LLC, 2021 NY Slip Op. 01135, holding that an exchange of e-mails was insufficient to create a contract, but could serve as the basis of an unjust enrichment claim, explaining: Regarding SP’s breach of contract claim, the relevant provision... Read more »
Where Parties Have a Contract, Unjust Enrichment Claim Must be Dismissed
On October 22, 2020, the First Department issued a decision in ECD NY Inc. v. 616 First Ave. Dev. LLC, 2020 NY Slip Op, 06013. holding that where the parties have a contract, an unjust enrichment claim must be dismissed, explaining: The unjust enrichment claim is dismissed because the existence of a valid and enforceable... Read more »
Plaintiff May Recover in Quasi-Contract From a Stranger to the Contract in the Interest of Justice
On July 30, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Matthews v. Symbion Power LLC, 2020 NY Slip Op. 20189, holding that a plaintiff may recover in quasi-contract from a stranger to a contract in the interest of justice, explaining: While generally a plaintiff may not recover in... Read more »
Court Upholds Claim Seeking Constructive Trust
On April 2, 2020, the First Department issued a decision in Homapour v. Harounian, 2020 NY Slip Op. 02179, upholding a claim seeking a constructive trust, explaining: The court erred in dismissing the derivative claim for a constructive trust against Harounian and the Harounian LLCs. A constructive trust is an equitable remedy, and its purpose... Read more »
At Complaint Stage, Plaintiffs May Plead Contract and Quasi Contract Claims in the Alternative
On October 4, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Shandong Yuyuan Logistics Co., Ltd. v. Soleil Chartered Bank, 2019 NY Slip Op. 33033(U), holding that at the complaint stage, a plaintiff can plead both contract and quasi-contract claims, explaining: To prevail on a cause of action for... Read more »
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 »
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 »
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 »
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 »