On July 10, 2026, Justice Grays of the Queens County Commercial Division issued a decision in Kim v. Radiology Assoc. of Main St., P.C., 2026 NY Slip Op. 51050(U), holding that an alleged release did not bar a money had and received claim . . . Continue reading Alleged Release Does Not Bar Money Had and Received Claim
On May 16, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Vashovsky v. Zablocki, 2023 NY Slip Op. 31648(U), examining the limited scope of the voluntary payment doctrine . . . Continue reading Court Examines Limited Scope of Voluntary Payment Doctrine
On February 8, 2023, the Second Department issued a decision in ECI Fin. Corp. v. Resurrection Temple of Our Lord, Inc., 2023 NY Slip Op. 00649, holding that a defendant could not recovery money it voluntarily paid the plaintiff . . . Continue reading Defendant Cannot Recovery Money it Voluntarily Paid to Plaintiff
On October 13, 2022, the First Department issued a decision in Tantallon Austin Hotel, LLC v. Wilmington Trust, N.A., 2022 NY Slip Op. 05778, refusing to dismiss a claim based on a voluntary payment defense because of questions of fact regarding the plaintiff’s knowledge of the relevant facts . . . Continue reading Court Refuses to Dismiss Claim Based on Voluntary Payment Defense Because of Questions of Fact Regarding Plaintiff’s Knowledge of the Relevant Facts
On July 6, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Yunjie Yang v. Knights Genesis Group, 2022 NY Slip Op. 32126(U), upholding a claim for money had and received . . . Continue reading Court Upholds Claim for Money Had and Received
