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MIDWEST FIRST FIN. LTD. v. FIRST AMERICAN TITLE INS.

14 A.D.3d 497 (2005)

786 N.Y.S.2d 920

MIDWEST FIRST FINANCIAL LIMITED PARTERSHIP III, Respondent, v. FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, Appellant.

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

January 10, 2005.

Ordered that the order is affirmed, with costs.

The defendant correctly contends that its counterclaim to recover damages for unjust enrichment was proper despite the existence of a contract between the parties (see Morales v Grand Cru Assoc., 305 A.D.2d 647 [2003]; Tridee Assoc. v New York City School Constr. Auth., 292 A.D.2d 444, 445 [2002]). However, the defendant failed to meet...

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