The IAS court dismissed the cause of action for conversion, but denied defendants' motion with regard to breach of contract and unjust enrichment. There is a long-established principle that money paid under mistake of material fact may be recovered, unless the party resisting repayment can demonstrate that its position has so changed by reason of the payment as to make repayment inequitable (Mayer v Mayor, 63 N.Y. 455 [1875]). The voluntary payment doctrine, which...
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