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BASAL TRADING and SONS LTD. v. M&G DIAMONDS, INC.

Index No. 651740/20 Appeal No. 17191 Case No. 2022-02528.

212 A.D.3d 551 (2023)

183 N.Y.S.3d 361

2023 NY Slip Op 00369

Basal Trading and Sons Ltd., Appellant, v. M&G Diamonds, Inc., et al., Respondents.

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

Decided January 26, 2023.

Attorney(s) appearing for the Case

Goldberg Weprin Finkel Goldstein LLP, New York ( Matthew Hearle , of counsel), for appellant.

Ganfer Shore Leeds & Zauderer LLP, New York ( Mark A. Berman of counsel), for respondents.

Concur—Friedman, J.P., Moulton, Kennedy, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Debra James, J.), entered on or about December 7, 2021, which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(5) and (7), unanimously modified, on the law, to deny the motion to dismiss the causes of action for breach of contract and unjust enrichment, and otherwise affirmed, without costs.

Plaintiff alleges that, in 2009, it entered into an agreement with defendants to form a partnership that would...

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