Appellate Division of the Supreme Court of New York, 2014

Komolov v. Segal

Komolov v. Segal
Appellate Division of the Supreme Court of New York · Decided May 20, 2014 · Freedman, Friedman, Gonzalez, Kapnick, Moskowitz
117 A.D.3d 557; 985 N.Y.S.2d 411
Komolov v. Segal

Opinion of the Court

Order, Supreme Court, New York County (Shirley Werner Kornreich, J), entered August 19, 2013, which granted defendants’ motion to dismiss the thirteenth cause of action, unanimously affirmed, with costs.

The thirteenth cause of action for unjust enrichment is precluded in this case because it seeks precisely the same relief that was barred by the statute of frauds.

Concur — Gonzalez, RJ., Friedman, Moskowitz, Freedman and Kapnick, JJ.

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