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STERLACCI v. GURFEIN

18 A.D.3d 229 (2005)

794 N.Y.S.2d 362

MARLENE STERLACCI et al., Respondents, v. PERRIE GURFEIN et al., Appellants.

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

May 5, 2005.

Plaintiff Sterlacci, who advanced $20,000 that defendants received for use in starting up a business, is entitled to summary judgment on her claim to recover the $20,000 on an unjust enrichment theory, there being no evidence that she and defendants entered into any agreement concerning such funds (cf. Clark-Fitzpatrick, Inc. v Long Is. R.R. Co., 70 N.Y.2d 382, 388-389 [1987]) and there being no evidence that defendants provided...

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