Vays v. 139 Emerson Place

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered January 25, 2011, which, insofar as appealed from, granted plaintiffs motion for leave to amend the complaint to add a proposed fourth cause of action for restitution/unjust enrichment, and otherwise denied the motion, and denied defendants-appellants’ cross motion for summary judgment dismissing the complaint as against them, unanimously affirmed, with costs.

As is relevant to the instant motion and cross motion, the individual litigants, plaintiff Fred Vays and defendants George *481Dellapa and Elissa Winzelberg, are equal…