Legal Opinion

Cruz v. McAneney

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 2006PublishedCited by 54 opinions

1Opinion of the Court

OPINION OF THE COURT

Florio, J.P.

We are called upon to decide as a matter of first impression whether or not the confluence of the equitable doctrines of constructive trust and unjust enrichment, together with what we perceive to be the intent of New York and federal legislation enacted to compensate the victims and survivors of the September 11, 2001, terrorist attacks, requires that we affirm the denial of this motion to dismiss the complaint for failure to state a cause of action. We find that they do.

Viewed in the light most favorable to the plaintiff, as we must, in the context of this…

2Cases cited13 opinions

  1. Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
  2. Sharp v. KosmalskiNew York Court of Appeals · 1976
  3. Simonds v. SimondsNew York Court of Appeals · 1978
  4. Paramount Film Distributing Corp. v. StateNew York Court of Appeals · 1972
  5. Citibank, N.A. v. WalkerAppellate Division of the Supreme Court of the State of New York · 2004

8 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. AHA Sales, Inc. v. Creative Bath Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Dee v. RakowerAppellate Division of the Supreme Court of the State of New York · 2013
  3. Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Canzona v. AtanasioAppellate Division of the Supreme Court of the State of New York · 2014
  5. Stephan B. Gleich & Associates v. GritsipisAppellate Division of the Supreme Court of the State of New York · 2011

49 more not listed; retrieve them via the Exa API.

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