Posts Categorized: Unjust Enrichment

Posted: July 28, 2015

Alleged Recipient of Embezzeled Funds Subject to Claim for Unjust Enrichement

On July 10, 2015, the Fourth Department issued a decision in Simpson & Simpson, PLLC v. Lippes Mathias Wexler Friedman LLP, 2015 NY Slip Op. 06065, upholding a claim for unjust enrichment. In Simpson & Simpson, the trial court dismissed the plaintiff’s claim for unjust enrichment based on allegations that the defendants had received money... Read more »

Posted: July 24, 2015

Claim for Unjust Enrichment Lies Against Party Who Received Property Stolen From Plaintiff

On July 2, 2015, the First Department issued a decision in Lau v. Lazar, 2015 NY Slip Op. 05770, holding that a claim for unjust enrichment lies against a person who received property had been stolen from the plaintiff. In Lau, the plaintiff brought unjust enrichment claims against several of the defendants. The First Department... Read more »

Posted: January 19, 2015

Shareholder Has Standing to Assert Unjust Enrichment Claim

On January 13, 2015, the First Department issued a decision in Scott v. Pro Management Services Group, LLC, 2015 NY Slip Op. 00318, illustrating the circumstances under which a shareholder has standing to assert a claim for unjust enrichment. It explained: Plaintiff’s unjust enrichment claim is direct, and not derivative, because plaintiff suffered the alleged... Read more »