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New York Commercial Division Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Unjust Enrichment

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Law Firm’s Failure to File Notice of Appeal in Coverage Action Not Malpractice Where Insured’s Underlying Losses Were Not Covered under Policy

Posted in Declaratory Judgment, Healthcare, Insurance, Legal, Malpractice, Oing, Jeffrey K., Unjust Enrichment

In a decision dated December 30, 2015, the Appellate Division, First Department affirmed an order from the New York County Commercial Division granting defendant-law firm’s motion to dismiss plaintiff-health care provider’s malpractice action.

Real Estate Consultant Not a Procuring Cause of Joint-Venture’s Purchase of Assisted-Living Facility Sufficient to Entitle it to Commission or Finder’s Fee

Posted in 2d Dept, Breach of Contract, Real estate, Summary Judgment, Unjust Enrichment

In a decision dated December 2, 2015, the Appellate Division, Second Department affirmed an order from the Nassau County Commercial Division granting defendant-real estate developer’s motion for summary judgment dismissing plaintiff-real estate consultant’s breach-of-contract and quasi-contract action for recovery of a broker’s commission in connection with defendant’s purchase of certain assisted-living facilities.

All Causes of Action, Except for One, Survive Defendants’ Motion to Dismiss

Posted in 7th District, Breach of Contract, Financial services, Motion to Dismiss, Order to Show Cause, Preliminary Injunction, Rosenbaum, Matthew A., Tortious Interference with Business Relations, Unjust Enrichment

In a November 6, 2015 Steuben County Supreme Court decision by Justice Rosenbaum, the court denied defendants’ motion to dismiss plaintiff’s claims of tortious interference with contractual relations, tortious interference with business relations, and unfair competition, but granted defendants’ motion to dismiss with respect to plaintiff’s claim of unjust enrichment.

Court Dismisses Various State Law Claims Under Both Russian and New York Law, Also Dismisses for Lack of Personal Jurisdiction over Foreign Defendants

Posted in Bransten, Eileen, Breach of Fiduciary Duty, Conversion, Motion to Dismiss, New York, Personal Jurisdiction, Shareholder Dispute, Tortious Interference with Business Relations, Unjust Enrichment

In an August 25, 2015 Commercial Division decision by Justice Bransten, the court granted five motions to dismiss, dismissing a Complaint which alleged conspiracy to strip the plaintiff, Norex Petroleum Limited (“Norex”), a Cyprus corporation, of its controlling interest in a lucrative Russian oil company (“Yugraneft”). In this case, the court analyzed whether a federal… Continue Reading

Commercial Division Rules Judgment as a Matter of Law Appropriate on Some, But Not All Causes of Action

Posted in Breach of Contract, Estoppel, Legal, Malpractice, Pines, Emily, Statute of Limitations, Suffolk, Tortious Interference with Business Relations, Unjust Enrichment

  In an August 18, 2015 Commercial Division decision by Justice Pines, the court granted in part the defendants’ motion for judgment as a matter of law dismissing various causes of action asserted against them.

Class Allowed to Prosecute Proceeding for Turnover of Water Lily Proceeds in Absence of Necessary Party

Posted in Class Action, Conversion, Fraud, Motion to Dismiss, New York, Personal Jurisdiction, Ramos, Charles E., Unjust Enrichment

In an April 7, 2015, New York County Commercial Division decision by Justice Ramos, the court denied in substantial part respondents’ motion under CPLR 1001, as well as 3211 (a) (4) and (7), to dismiss petitioners’ special proceeding for failure to join a necessary party; because of another action pending; and for failure to state… Continue Reading

Email Notifying Landlord of Address Change Sent by Tenant’s Related Entity Insufficient to Alter “Last Known Address” Requirement in Lease’s Notice Provision

Posted in Breach of Contract, Guaranty, Indemnification, Order to Show Cause, Preliminary Injunction, Queens, Real estate, Ritholtz, Martin E., Unjust Enrichment

In a June 1, 2015, Queens County Commercial Division decision by Justice Ritholtz, the court denied defendant-commercial tenant’s motion for a Yellowstone injunction as untimely.

Plaintiff Escapes Three-Year Limitations Period for Accounting Malpractice by Alleging Intentional Misconduct in Support of Claims for Breach of Contract and Fraud

Posted in Accounting, Albany, Breach of Contract, Breach of Fiduciary Duty, Fraud, Malpractice, Motion to Dismiss, Platkin, Richard, Statute of Limitations, Uncategorized, Unjust Enrichment

In a March 6, 2015, Albany County Commercial Division decision by Justice Platkin, the court granted in part and denied in part defendant-accounting firm’s (the “Firm’s”) motion to dismiss plaintiff-New York Worker’s Compensation Board’s (the “Board’s”) action alleging inadequate and improper accounting services.

Court Denied Motion to Dismiss Based on Champerty Statute Where Assignee’s Intention to Bring Litigation By Proxy Was Unclear

Posted in Bransten, Eileen, Fraud, Motion to Dismiss, New York, Pharmaceutical, Shareholder Dispute, Unjust Enrichment

In a March 16, 2015, Commercial Division decision by Justice Bransten, the court denied defendants’ motion to dismiss the complaint in its entirety. This action was brought by Shareholder Representative Services, Inc. (“SRS”) on its own behalf, and on behalf of the former shareholders of Oriel Therapeutics, Inc. (“Oriel”), against Sandoz Inc., its affiliates and… Continue Reading

Second Department Affirms Dismissal of Unjust Enrichment Counterclaim Due to Unclean Hands

Posted in 2d Dept, Breach of Contract, Real estate, Summary Judgment, Unjust Enrichment

In a decision dated July 23, 2014, the Appellate Division, Second Department affirmed an order from the Westchester County Commercial Division in this declaratory judgment action related to the legality and validity of a promissory note and related documents, granting the plaintiff-borrower’s motion for summary judgment dismissing the defendants-lenders’ counterclaim based on unjust enrichment.

Purported Debt Acknowledgment Submitted at Oral Argument Insufficient to Restart Limitations Period in Opposition to Dismissal Motion

Posted in 2d Dept, Attorneys' Fees, Breach of Contract, Construction, Motion to Dismiss, Statute of Limitations, Unjust Enrichment

In a decision dated January 21, 2015, the Appellate Division, Second Department, affirmed an order from the Kings County Commercial Division granting defendant-developers’ motion to dismiss as time-barred plaintiff-contractor’s claims for breach of contract and unjust enrichment.

Major League Soccer’s Insurance Coverage Claim Survives Insurer’s Motion to Dismiss

Posted in Arbitration, Breach of Contract, CPLR 3211, Estoppel, Insurance, Insurance Coverage, Motion to Dismiss, New York, Sherwood, O. Peter, Summary Judgment, Unjust Enrichment

In a May 20, 2014 Commercial Division decision by Justice Sherwood, the court denied the defendant’s pre-answer motion to dismiss the complaint brought pursuant to CPLR 3211(a)(7). This insurance coverage case, concerning a “ForeFront Portfolio” insurance policy (“Policy”) issued by the defendant Federal Insurance Company (“FIC”) to the plaintiff, Major League Soccer, L.L.C. (“MLS”), arose… Continue Reading

Audi Dealership’s Claims under New York Dealer Act Fail Against Audi, Rival Dealership

Posted in Breach of Contract, Breach of Fiduciary Duty, DeStefano, Vito M., Estoppel, Fraud, Motion to Dismiss, Nassau, Unjust Enrichment

In an November 6, 2014 Commercial Division decision by Justice DeStefano, the court granted the majority of the motions to dismiss of Audi of America, Inc. (“Audi”), Stanley Weinstock, and Beiner Auto Group (with Weinstock, the “Beiner Defendants”). 

Real Estate Broker’s Action to Recover Commission Dismissed for Failure to State a Claim sounding in Quantum Meruit or Unjust Enrichment

Posted in CPLR 3211, Estoppel, Failure to State a Claim, Motion to Dismiss, Real estate, Suffolk, Unjust Enrichment, Whelan, Thomas

In an October 21, 2014 Commercial Division decision by Justice Whelan, the court granted the motion to dismiss the complaint of defendants NFA Associates, LLC and Old Towne Southampton Homeowners Association, Inc. (“Moving Defendants”). This action arose from the plaintiffs’ attempt to recover a real estate broker’s commission they alleged to have earned in connection… Continue Reading

NBA’s Larry Sanders Signs with Rival Sports Agency, Former Agent’s Tort Claims Dismissed

Posted in Bransten, Eileen, Estoppel, Motion to Dismiss, New York, Sports, Tortious Interference with Business Relations, Unjust Enrichment

In an October 9, 2014 Commercial Division decision by Justice Bransten, the court granted Defendant’s motion to dismiss pursuant to CPLR 3211(a)(7).  Plaintiff Miller is founder of a sports management firm that competes with Defendants.  Miller represented NBA player Larry Sanders, under a written agreement.

Justice Demarest Dismisses Son’s Suit Against Mother for Alleged Misappropriation of Corporate Assets

Posted in Breach of Contract, Breach of Fiduciary Duty, Conversion, CPLR 3211, Demarest, Carolyn E., Derivative Actions, Fraud, Kings, Motion to Dismiss, Shareholder Dispute, Unjust Enrichment

In an October 14, 2014 Commercial Division decision by Justice Demarest, the court granted the defendant’s motion to dismiss the complaint. The action was commenced by the corporate plaintiff, Koryeo Intl. Corp. (“Koryeo”), and the individual plaintiff, Steve Hong (“Steve”), Koryeo’s current sole shareholder, officer and director against Steve’s mother, Kyung Ja Hong (“Kyung”), the… Continue Reading

Debtor Discharged in UK Bankruptcy Proceeding Entitled to Dismissal of Creditor Bank’s Breach of Contract Action, Under Principles of Comity

Posted in Banking, Breach of Contract, New York, Scarpulla, Saliann, Summary Judgment, Unjust Enrichment

In a June 26, 2014 Commercial Division decision by Justice Scarpulla, the court granted Defendant Kemsley’s motion for summary judgment dismissing the complaint on the basis of a bankruptcy discharge granted in his favor in the United Kingdom, and denied Plaintiff Barclays’ motion for summary judgment on its breach of contract claim. Plaintiff Barclays is… Continue Reading

Real Estate Investor’s Claims Time-Barred, Was Aware for Over Six Years of Lack of Development and Pre-Sales

Posted in Breach of Contract, CPLR 302, Demarest, Carolyn E., Fraud, Kings, Motion to Dismiss, Personal Jurisdiction, Real estate, Statute of Limitations, Telecommunications, Unjust Enrichment

In a June 12, 2014 Commercial Division decision by Justice Demarest, the court granted the defendant LLCs’ motion to dismiss.  Plaintiff alleged he was approached by an individual defendant, a director and member of the two defendant LLCs, to invest in real estate in the Republic of Georgia, but that the real state was never… Continue Reading

Forum Non Conveniens is Basis for Dismissal of Korean Company’s Suit against UBS Related to Lost Investment in Credit-Linked Notes

Posted in Breach of Contract, CPLR 3211, Failure to State a Claim, Financial services, Fraud, Misrepresentation, Motion to Dismiss, New York, Ramos, Charles E., Statute of Limitations, Unjust Enrichment

In a May 16, 2014 Commercial Division decision by Justice Ramos, the court granted the defendant’s motion to dismiss.The plaintiff, a Korean company, brought the action to recover $30 million in losses it suffered through its investment in credit-linked notes that the defendant created, arranged, marketed and sold. After it suffered the loss, the plaintiff… Continue Reading

Plaintiff Corporate Officer Entitled to Advancement of Legal Fees to Defend Against Counterclaims

Posted in Agriculture, Attorneys' Fees, Breach of Fiduciary Duty, Derivative Actions, DeStefano, Vito M., Indemnification, Manufacturing, Nassau, Unjust Enrichment

In a May 14, 2014 Commercial Division decision by Justice DeStefano, the Court found that a plaintiff was entitled to advancement of attorneys’ fees to pay for the defense of counterclaims asserted against him. The litigation began with plaintiff, a shareholder, officer and former director bringing individual and derivative claims against the another shareholder and… Continue Reading

Amended Pleading Clearly Distinguishing Direct from Derivative Claims Survives Motion to Dismiss

Posted in Bransten, Eileen, Breach of Contract, Breach of Fiduciary Duty, Conversion, CPLR 3211, Entertainment, Motion to Dismiss, New York, Unjust Enrichment

In a March 27, 2014, New York County Commercial Division decision by Justice Bransten, the court granted in part and denied in part defendant-majority member’s motion to dismiss plaintiff-minority member’s complaint asserting direct and derivative claims for replevin, conversion, breach of contract, breach of fiduciary duty, unjust enrichment, and an accounting.  Plaintiff brought suit after… Continue Reading

Talent Agency’s Breach of Contract Claims Dismissed for Failure to Obtain TV Personality’s Promise to Pay Commissions in Writing

Posted in Breach of Contract, CPLR 3211, Entertainment, Estoppel, Fraud, Motion to Dismiss, New York, Ramos, Charles E., Statute of Frauds, Unjust Enrichment

In a March 26, 2014, New York County Commercial Division decision by Justice Ramos, the court granted defendant television personality Geraldo Rivera’s motion to dismiss his former talent agency’s (the “Agency’s”) breach of contract action seeking past commissions. The Facts as Alleged In October 1985, Rivera entered into a letter-agreement with the Agency under which… Continue Reading