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SCOTT v. PRO MGT. SERVS. GROUP, LLC

13986, 652043/11.

124 A.D.3d 454 (2015)

RANDOLPH J. SCOTT, Respondent, v. PRO MANAGEMENT SERVICES GROUP, LLC, et al., Defendants, and REMI LABA et al., Appellants.

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

Decided January 13, 2015.

Plaintiff's unjust enrichment claim is direct, and not derivative, because plaintiff suffered the alleged harm individually, and he would receive the benefit of any recovery (see Gjuraj v Uplift El. Corp., 110 A.D.3d 540, 540 [1st Dept 2013]; see also Yudell v Gilbert, 99 A.D.3d 108, 114 [1st Dept 2012]). Indeed, the amended complaint alleges that plaintiff is an 11.1% owner of the defendant...

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