Legal Opinion
1133 Taconic, LLC v. Lartrym Services, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 2011PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Brands, J.), dated May 26, 2010, which denied its motion for summary judgment and, upon searching the record, awarded summary judgment to the defendant dismissing the complaint.
*993Ordered that the order is affirmed, with costs.
“To prevail on a claim of unjust enrichment, a plaintiff must establish that the defendant benefitted at the plaintiffs expense and that equity and good conscience require restitution” (Whitman Realty Group, Inc. v Galano, 41 AD3d 590, 592-593…
2Cases cited9 opinions
- Dunham v. Hilco Construction Co.New York Court of Appeals · 1996
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Marini v. LombardoAppellate Division of the Supreme Court of the State of New York · 2010
- Cruz v. McAneneyAppellate Division of the Supreme Court of the State of New York · 2006
- Whitman Realty Group, Inc. v. GalanoAppellate Division of the Supreme Court of the State of New York · 2007
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Transeo S.A.R.L. v. Bessemer Venture Partners VI L.P.District Court, S.D. New York · 2013
- Northern Shipping Funds I, LLC v. Icon Capital Corp.District Court, S.D. New York · 2013
- Lia v. SaporitoDistrict Court, E.D. New York · 2012
- Biotek Servs., LLC v. South Is. Med. Assoc., P.C.Appellate Division of the Supreme Court of the State of New York · 2023
- Board of Managers of Marbury Club Condominium v. Marbury Corners, LLCAppellate Division of the Supreme Court of the State of New York · 2014