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E.D. & F. MAN SUGAR, INC. v. ZZY DISTRIBUTORS, INC.

3952. 653963/12.

150 A.D.3d 452 (2017)

2017 NY Slip Op 03710

55 N.Y.S.3d 10

E.D. & F. MAN SUGAR, INC., Appellant, v. ZZY DISTRIBUTORS, INC., et al., Respondents, et al., Defendant.

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

Decided May 9, 2017.

We reject plaintiff's attempt to reclassify its cause of action for breach of contract as one for goods sold and delivered, which is not asserted in the complaint.

The court properly declined to consider plaintiff's unjust enrichment arguments, submitted for the first time in its reply papers (see Matter of Erdey v City of New York, 129 A.D.3d 546 [1st Dept 2015]; All State Flooring Distribs., L.P. v MD Floors,

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