Georgia Malone & Co. v. Rieder

Saxe, J.P, and Acosta, J., dissent in part in a memorandum by Acosta, J., as follows:

I respectfully dissent because I believe that my colleagues are in error and ignore clear Court of Appeals precedent in upholding the dismissal of the unjust enrichment claims against Fieldstone Properties, LLC (FSP), Gliedman, Rosewood and Jungreis. Specifically, while the majority would require that plaintiff plead that the property be provided in the first instance at the behest of the defendants, I believe that it was sufficient that plaintiff alleged that defendants knew at all times that they were using…