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 »
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Posts Categorized: Unjust Enrichment
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 »
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 »
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 »
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 »
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 »
Court Explains Limits to Claim for Unjust Enrichment
On July 29, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in 309 Fifth Owners LLC v. MEPT 309 Fifth Ave. LLC, 2016 NY Slip Op. 31476(U), dismissing claims for breach of contract and unjust enrichment. In dismissing the unjust enrichment claim, the court explained: To recover on the theory... Read more »
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 »
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 »