TOT PAYMENTS, LLC v. FIRST DATA CORP.

15078, 652663/13

128 A.D.3d 468 (2015)

9 N.Y.S.3d 44

2015 NY Slip Op 04042

TOT PAYMENTS, LLC, et al., Appellant, v. FIRST DATA CORPORATION, Respondent.

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

Decided May 12, 2015.


Order, Supreme Court, New York County (Charles E. Ramos, J.), entered on or about February 7, 2014, which granted defendant's motion to dismiss the complaint, unanimously modified, on the law, to deny the motion as to the causes of action for breach of contract and unjust enrichment, and otherwise affirmed, without costs.

In support of the breach of contract causes of action, the complaint adequately alleges that plaintiffs are successors in interest to one of the...

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