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Salem v. Medco

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 2008
50 A.D.3d 986 (N.Y. App. Div. 2008)

Opinion

No. 2007-04015.

April 22, 2008.

In an action to recover damages for unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered April 2, 2007, which granted the defendant's motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the amended verified complaint.

Moritt Hock Hamroff Horowitz LLP, Garden City, N.Y. (Robert L. Schonfeld of counsel), for appellants.

Riker Danzig Scherer Hyland Perretti LLP, New York, N.Y. (Michael P. O'Mullan of counsel), for respondent.

Before: Rivera, J.P., Skelos, Santucci and Belen, JJ.


Ordered that the order is affirmed, with costs.

Viewing the pertinent allegations of the amended verified complaint most liberally in favor of the plaintiffs ( see Leon v Martinez, 84 NY2d 83, 87-88), we find that they do not state a cause of action ( see Doria v Masucci, 230 AD2d 764, 765). Although the plaintiffs seek to recover on a theory of unjust enrichment, their cause of action does not contain the necessary allegation that the defendant unjustly received something of value at the expense of the plaintiffs ( see McGrath v Hilding, 41 NY2d 625, 629; Paramount Film Distrib. Corp. v State of New York, 30 NY2d 415, 421, cert denied 414 US 829; Stucklen v Kabro Assoc., 18 AD3d 461, 462-463; Stone v Solarbrite, Inc., 128 AD2d 696).


Summaries of

Salem v. Medco

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 2008
50 A.D.3d 986 (N.Y. App. Div. 2008)
Case details for

Salem v. Medco

Case Details

Full title:NORTH SALEM PSYCHIATRIC SERVICES, P.C., et al., Appellants, v. MEDCO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 22, 2008

Citations

50 A.D.3d 986 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3610
854 N.Y.S.2d 905

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