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MARKOV v. KATT

9940, 156493/15.

176 A.D.3d 401 (2019)

109 N.Y.S.3d 295

2019 NY Slip Op 07006

Dmitry Markov, Appellant-Respondent, v. Malcolm Katt, Respondent-Appellant.

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

Decided October 1, 2019.

Attorney(s) appearing for the Case

Law Office of Jorge Sorote, New York, ( Jorge Sorote of counsel), for appellant-respondent.

Law Office of Richard A. Altman, New York ( Richard A. Altman of counsel), for respondent-appellant.

Concur—Richter, J.P., Gische, Kapnick, Kern, Moulton, JJ.

The motion court properly dismissed plaintiff's unjust enrichment claim because such a cause of action "is not available where it simply duplicates, or replaces, a conventional contract... claim" (Corsello v Verizon N.Y., Inc., 18 N.Y.3d 777, 790 [2012]). It is beyond dispute that defendant Katt breached the parties' settlement agreement by suing plaintiff Markov in a prior action.

Pursuant to Paramount Pictures Corp....

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