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McMURRAY v. HYE WON JUN

8030. 650002/17.

168 A.D.3d 435 (2019)

89 N.Y.S.3d 615

2019 NY Slip Op 00065

Jennifer McMurray, Appellant, v. Hye Won Jun, Also Known as Helen Jun, Respondent.

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

Decided January 8, 2019.

To successfully plead unjust enrichment "[a] plaintiff must show that (1) the other party was enriched, (2) at that party's expense, and (3) that it is against equity and good conscience to permit [the other party] to retain what is sought to be recovered" (Mandarin Trading Ltd. v Wildenstein, 16 N.Y.3d 173, 182 [2011] [internal quotation marks omitted]). "Although privity is not required for an unjust enrichment claim" (id.<...

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