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DENENBERG v. ROSEN

7076, 110441/06, 7077, 602453/07, 603409/08.

93 A.D.3d 488 (2012)

941 N.Y.S.2d 38

2012 NY Slip Op 1775

ROBERT A. DENENBERG, Individually and as Administrator of ROBERT A. DENENBERG, a Sole Proprietorship Defined Benefit Pension Plan, Respondent, v. WARREN ROSEN et al., Appellants, JOHN REPETTI et al., Respondents-Appellants, and BANKERS LIFE OF NEW YORK, Also Known as BANKERS LIFE INSURANCE COMPANY OF NEW YORK, et al., Respondents. (And Other Actions.)

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

Decided March 13, 2012.

In this action alleging that defendants induced plaintiff to establish a pension plan that guaranteed tax benefits that were later disallowed, the motion court properly determined that plaintiff's unjust enrichment claims as against Rosen, an insurance broker, and Repetti, an accountant, were viable. Plaintiff sufficiently alleges that these defendants were enriched, at plaintiff's expense, by receiving financial incentives in return...

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