Legal Opinion
Fiona Press, Inc. v. Hewig & Marvic, Inc.
Civil Court of the City of New York
Decided January 22, 1984PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
David B. Saxe, J.
Is a cause of action for unjust enrichment barred by the subject matter jurisdictional limitations of the Civil Court? The defendant, in opposition to the plaintiff’s motion to amend its complaint to include a cause of action in unjust enrichment, says that such a cause of action is barred because it involves “equitable considerations”, relying on Commissioners of State Ins. Fund v Echavarria (NYLJ, Sept. 10, 1979, p 14, col 1 [Civ Ct of City of NY, NY County]).
Nevertheless, the cases of Eightway Corp. v Dime Sav. Bank of Williamsburgh (94 Misc 2d 274,…
2Cases cited5 opinions
- Eightway Corp. v. Dime Savings BankCivil Court of the City of New York · 1978
- Eightway Corp. v. Dime Savings BankAppellate Terms of the Supreme Court of New York · 1979
- In re the Estate of WingNew York Surrogate's Court · 1937
- Tinslar v. MayNew York Supreme Court · 1832
- Crest Chimney Cleaning Co. v. Ahi Ezer CongregationCivil Court of the City of New York · 1970
3Cited by2 opinions
- Binderman v. KazdanCivil Court of the City of New York · 1989
- Tobet v. New York City Transit AuthorityCivil Court of the City of New York · 1987