Cresco Labs N.Y., LLC v. Fiorello Pharms., Inc.
Cases that cite this one
2 later published cases cite this decision.
- KSFB Mgt., LLC v. Focus Fin. Partners, LLC (New York Supreme Court, New York County 2025)
- KSFB Mgt., LLC v. Focus Fin. Partners, LLC (New York Supreme Court, New York County 2025)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
| Cresco Labs N.Y., LLC v Fiorello Pharms., Inc. |
| 2021 NY Slip Op 07504 |
| Decided on December 28, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided and Entered: December 28, 2021
Before: Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.
Index No. 652343/18 Appeal No. 14920 Case No. 2021-00561
v
Fiorello Pharmaceuticals, Inc., etc., Defendant-Respondent.
Jenner & Block, New York (Stephen L. Ascher of counsel), for appellants.
Izower Feldman, LLP, New York (Dennis Villasana of counsel), for respondent.
Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about January 14, 2021, which denied plaintiffs' motion for leave to file a second amended complaint, unanimously affirmed, without costs.
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 NY3d 441, 456 [2018]).THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: December 28, 2021
Case-law data current through December 31, 2025. Source: CourtListener bulk data.