Kingston Oil Supply Corp. v. Smith

We affirm. “The essential inquiry in any action for unjust enrichment ... is whether it is against equity and good conscience to permit the defendant to retain what is sought to be recovered” (Mandarin Trading Ltd. v Wildenstein, 16 NY3d 173, 182 [2011] [internal quotation marks and citation omitted]). However, a showing that the plaintiff’s actions have benefitted the defendant will not suffice to establish a cause of action for unjust enrichment (see Mandarin Trading Ltd. v Wildenstein, 16 NY3d at 182; Sperry v Crompton Corp., 8 NY3d 204, 215-216 [2007]; Clark v Daby, 300 AD2d 732, 732…