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DOYLE v. ICON, LLC

38, 602832/09

135 A.D.3d 642 (2016)

24 N.Y.S.3d 602

2016 NY Slip Op 00584

KEITH DOYLE, Appellant, v. ICON, LLC, Doing Business as "R BAR," et al., Respondents.

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

Decided January 28, 2016.

Triable issues of fact as to the nature of plaintiff's interest in defendant Icon, LLC, if any, at the relevant time preclude summary judgment in his favor on his causes of action for conversion and unjust enrichment (see Colavito v New York Organ Donor Network, Inc., 8 N.Y.3d 43, 49-50 [2006]; Mandarin Trading Ltd. v Wildenstein, 16 N.Y.3d 173, 182 [2011]).

Contrary to plaintiff...

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