California Capital Equity, LLC v. IJKG, LLC

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered February 5, 2016, which, to the extent appealed from, denied plaintiff’s motion to dismiss defendant IJKG, LLC’s counterclaims for tortious interference with contract and unjust enrichment, and denied third-party defendant Abraxis Bioscience, LLC’s motion to dismiss the third-party complaint as against it, unanimously affirmed, with costs.

The doctrine of equitable recoupment, as codified in CPLR 203 (d), applies to IJKG’s counterclaim for tortious interference with its contractual right of first offer, which otherwise would…