E.D. & F. Man Sugar, Inc. v. ZZY Distributors, Inc.

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered on or about February 16, 2016, which, to the extent appealed from, denied plaintiff’s motion for partial summary judgment on its claims for breach of contract, unjust enrichment and alter ego, unanimously affirmed, without costs.

We reject plaintiff’s attempt to reclassify its cause of action for breach of contract as one for goods sold and delivered, which is not asserted in the complaint.

The court properly declined to consider plaintiff’s unjust enrichment arguments, submitted for the first time in its reply papers (see…