CRESCO LABS N.Y., LLC v. FIORELLO PHARMS., INC.

Index No. 652343/18. Appeal No. 14920. Case No. 2021-00561.

200 A.D.3d 601 (2021)

155 N.Y.S.3d 765

2021 NY Slip Op 07504

Cresco Labs New York, LLC, et al., Appellants, v. Fiorello Pharmaceuticals, Inc., Respondent.

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

Decided December 28, 2021.


Attorney(s) appearing for the Case

Jenner & Block, New York ( Stephen L. Ascher of counsel), for appellants.

Izower Feldman, LLP, New York ( Dennis Villasana of counsel), for respondent.

Concur—Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.


Plaintiffs' proposed unjust enrichment claim against Eric Sirota and Susan Yoss is palpably insufficient. Although Sirota and Yoss were enriched when they received a large sum of money from nonparty Green Thumb Industries, Inc. (GTI), this enrichment was not at plaintiffs' expense, because plaintiffs did not pay the money—GTI did (see E.J. Brooks Co. v Cambridge Sec. Seals, 31 N.Y.3d 441

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