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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY v. LUFT

52 A.D.3d 491 (2008)

859 N.Y.S.2d 261

OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Appellant, v. DAVID LUFT, Defendant, and D. KENNETH LUFT et al., Respondents.

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

Decided June 3, 2008.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly granted that branch of the motion of the defendants D. Kenneth Luft, Julia D. Luft, and Masanda-Luft Properties, LLC (hereinafter the defendants), which was for summary judgment dismissing the amended complaint insofar as asserted against them. To prevail on a claim of unjust enrichment, a party must show that (1) the other party was enriched, (2) at that party's expense, and (3) that it...

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