Court Refuses to Dismiss Claim Based on Voluntary Payment Defense Because of Questions of Fact Regarding Plaintiff’s Knowledge of the Relevant Facts

Court Refuses to Dismiss Claim Based on Voluntary Payment Defense Because of Questions of Fact Regarding Plaintiff’s Knowledge of the Relevant Facts

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