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 »
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Posts Categorized: Unjust Enrichment
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 »
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 »
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 »
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 »
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 »