LAM PEARL ST. HOTEL, LLC v. GOLDEN PEARL CONSTR. LLC

687487/17. Appeal No. 14851-14852-14852A. Case Nos. 2020-03909, 2021-00459, 2021-00460.

200 A.D.3d 521 (2021)

160 N.Y.S.3d 221

2021 NY Slip Op 06951

Lam Pearl Street Hotel, LLC, Respondent, v. Golden Pearl Construction LLC, Appellant, et al., Defendants.

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

Decided December 14, 2021.


Attorney(s) appearing for the Case

Rich, Intelisano & Katz, LLP, New York ( Robert J. Howard of counsel), for appellant.

Zetlin & De Chiara LLP, New York ( James H. Rowland of counsel), for respondent.

Concur—Gische, J.P., Webber, Oing, Singh, Higgitt, JJ.


In sustaining plaintiff's unjust enrichment claim and in entering judgment in plaintiff's favor, the court failed to enforce the terms of the settlement agreement and the termination agreement between the parties, which unambiguously gave defendant GPC the right to retain all progress payments that had been paid under the underlying construction contract, including the $1,138,103 payment for the project insurance. The "[f]reedom...

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