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HOBERMAN v. FISHMAN

304 A.D.2d 375 (2003)

758 N.Y.S.2d 301

ROBERT HOBERMAN, Respondent-Appellant, v. YALE M. FISHMAN et al., Appellants-Respondents, and UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW YORK, Respondent. ROBERT HOBERMAN, Respondent, v. YALE M. FISHMAN et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 10, 2003.

The Trust's unjust enrichment claim against the Fishman defendants should have been dismissed where the Trust does not claim that it paid an unfair price for the life insurance policies procured by the Fishmans, or did not receive the coverage it had bargained for, but rather that the policies were not an appropriate investment vehicle (see Smith v Chase Manhattan Bank, 293 A.D.2d 598, 600 [2002]).

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