Yellowstone Industries, Inc. v. Vinco Marine Management, Inc.

—In an action, inter alia, to recover damages for unjust enrichment, the defendants City of New York and New York City Department of Parks and Recreation appeal from an order of the Supreme Court, Queens County (Flug, J.), dated April 12, 2002, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

The appellants demonstrated their…