M & B Joint Venture, Inc. v. Laurus Master Fund, Ltd.

Gonzalez and McGuire, JJ.,

concur in part and dissent in part in a memorandum by McGuire, J., as follows: I agree with the majority that Supreme Court erred in denying that aspect of defendants-appellants’ motion to dismiss which sought dismissal of the cause of action for unjust enrichment. I disagree, however, that the court properly denied that aspect of that motion which sought dismissal of the claim for an equitable lien, and that Laurus’ separate motion to cancel the notice of pendency was properly denied. Accordingly, I respectfully dissent in part.

On February 23, 2004, defendant…