On July 23, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Supplybit, LLC v. Standard Power Hosting Infra Co., LLC, 2024 NY Slip Op. 32613(U), holding that an unjust enrichment claim cannot be based on damages arising from rights under a contract . . . Continue reading Unjust Enrichment Claim Cannot Be Based on Damages Arising from Rights Under Contract
On July 5, 2024, Justice Masley of the New York County Commercial Division issued a decision in Multiplier Inc. v. Moreno, 2024 NY Slip Op 32290(U), dismissing an unjust enrichment claim because of the lack of a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Unjust Enrichment Claim Fails for Lack of Close Relationship Between Plaintiff and Defendant
On May 30, 2024, the First Department issued a decision in Manhattan Chrystie St. Dev. Fund, LLC v. 215 Chrystie Invs. LLC, 2024 NY Slip Op. 02989, holding that corporate officers acting in bad faith and outside the scope of their duties could be held liable for actions taken in corporation’s name . . . Continue reading Corporate Officers Acting in Bad Faith and Outside Scope of Duties Can Be Held Liable for Actions Taken in Corporation’s Name
On May 30, 2024, the First Department issued a decision in 110 NC LLC v. Bank of Am., N.A., 2024 NY Slip Op. 02974, holding that when there is a question regarding the existence of a contract, a plaintiff can assert both unjust enrichment and breach of contract claims . . . Continue reading Where There is a Question Over the Existence of a Contract, Plaintiff Can Assert Both Unjust Enrichment and Contract Claims
On April 4, 2024, the First Department issued a decision in Georgetown Co., LLC v. IAC/Interactive Corp., 2024 NY Slip Op. 01870, holding that when there is a dispute over the existence of a contract, a plaintiff may please both contract and quasi-contract claims . . . Continue reading When There is a Dispute Over the Existence of a Contract, a Plaintiff May Plead Both Contract and Quasi-Contract Claims
On September 13, 2023, the Second Department issued a decision in Bedford-Carp Constr., Inc. v. Brooklyn Union Gas Co., 2023 NY Slip Op. 04566, holding that a plaintiff sufficiently had alleged the close relationship needed for an unjust enrichment claim . . . Continue reading Close Relationship Needed for Unjust Enrichment Claim Met
On July 28, 2023, the Fourth Department issued a decision in Milherst Constr., Inc. v. Natale Bldg. Corp., 2023 NY Slip Op. 04051, holding that a question of fact regarding whether extra work was covered by a contract precluded dismissal of an unjust enrichment claim . . . Continue reading Question of Fact Regarding Whether Work Was Covered by Contract Precluded Dismissal of Unjust Enrichment Claim
On July 7, 2023, Justice Reed of the New York County Commercial Division issued a decision in Quinn v. GCB Capital, LLC, 2023 NY Slip Op. 50674(U), holding that an unjust enrichment claim failed for lack of a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between the Plaintiff and the Defendant
On April 19, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in 798 Tremont Holding LLC v. Wefile LLC, 2023 NY Slip Op. 50352(U), holding that a breach of contract claim barred an unjust enrichment claim on the same subject . . . Continue reading Contract Claim Bars Unjust Enrichment Claim on Same Subject
On August 25, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Harvey Pub. Adjuster, LLC v. Viet Media Agency, 2022 NY Slip Op. 32933(U), dismissing an unjust enrichment claim as duplicative . . . Continue reading Unjust Enrichment Claim Dismissed as Duplicative
