Fisher v. Equicredit

In an action, inter alia, for money had and received, and to recover damages for fraud, violation of Penal Law § 180.03, tortious interference with contract, inducement of breach of fiduciary duty, violation of General Business Law § 349, and unjust enrichment, arising from the payment by the defendant mortgage lender to a nonparty mortgage broker of a yield spread premium, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated May 21, 2004, which granted the defendants’ motion for summary judgment dismissing the complaint and denied his cross motion for…