1133 TACONIC, LLC v. LARTRYM SERVICES, INC.

2010-06321.

85 A.D.3d 992 (2011)

925 N.Y.S.2d 840

2011 NY Slip Op 5470

1133 TACONIC, LLC, Appellant, v. LARTRYM SERVICES, INC., Respondent.

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

Decided June 21, 2011.


Ordered that the order is affirmed, with costs.

"To prevail on a claim of unjust enrichment, a plaintiff must establish that the defendant benefitted at the plaintiff's expense and that equity and good conscience require restitution" (Whitman Realty Group, Inc. v Galano, 41 A.D.3d 590, 592-593 [2007]; see Cruz v McAneney, 31 A.D.3d 54,...

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