Grapevine Trading Co. v. Milberg Factors, Inc.

—Judg*365ment, Supreme Court, New York County (Beverly Cohen, J.), entered October 12, 1999, which awarded summary judgment to defendant Milberg Factors, Inc. and dismissed the second cause of action, unanimously reversed, on the law, with costs, and the second cause of action reinstated.

The motion court erred in granting Milberg pre-discovery dismissal of the unjust enrichment cause of action. Plaintiff, which bought goods from defendant Atlantic Wholesale, paid Atlantic’s factor, Milberg, directly and did not receive the goods. In opposition to the motion, plaintiff presented significant…