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MOBILE AUDIO SPECIALISTS, INC. v. ACIM NY, L.L.C.

651719/20. Appeal No. 14498. Case No. 2021-00745.

198 A.D.3d 572 (2021)

152 N.Y.S.3d 901

2021 NY Slip Op 05820

Mobile Audio Specialists, Inc., et al., Appellants, v. ACIM NY, L.L.C. et al., Defendants, and Nissan North America, Inc., Respondent.

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

Decided October 26, 2021.

Attorney(s) appearing for the Case

Morrison Tenenbaum PLLC, New York ( Joshua S. Androphy of counsel), for appellants.

Seyfarth Shaw LLP, New York ( Eddy Salcedo and Caleb J. Schillinger of the bar of the Commonwealth of Massachusetts, admitted pro hac vice, of counsel), for respondent.

Concur—Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.

Plaintiff's unjust enrichment claim was barred by the existence of the express sublease between plaintiff and its tenants (see J.T. Magen & Co., Inc. v Nissan N. Am., Inc., 178 A.D.3d 466, 467 [1st Dept 2019]). Moreover, plaintiff had no relationship or connection to defendant Nissan and thus, the absence of a relationship approaching privity was also fatal to the unjust enrichment claim (see Mandarin Trading Ltd. v Wildenstein, 16 N.Y.3d...

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