FIONA PRESS v. HEWIG


122 Misc.2d 680 (1984)

Fiona Press, Inc., et al., Plaintiffs, v. Hewig and Marvic, Inc., Defendant.

Civil Court of the City of New York, Trial Term, New York County.

January 22, 1984


Attorney(s) appearing for the Case

Gersten, Savage & Kaplowitz (Arthur J. Jacobs of counsel), for plaintiffs. Cohen & Cohen (Clyde M. Schaeffer of counsel), for defendant.


DAVID B. SAXE, J.

Is a cause of action for unjust enrichment barred by the subject matter jurisdictional limitations of the Civil Court? The defendant, in opposition to the plaintiff's motion to amend its complaint to include a cause of action in unjust enrichment, says that such a cause of action is barred because it involves "equitable considerations", relying on Commissioners of State Ins. Fund v Echavarria (NYLJ, Sept. 10, 1979, p 14, col 1...

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