You are here: / / No Need to Allege “the Benefit Was Conferred at the Behest of the...

No Need to Allege “the Benefit Was Conferred at the Behest of the Defendant”

In a full-fledged opinion by Justice Acosta, the First Department determined  a 2012 Court of Appeals case (Georgia Malone & Co Inc v Reider, 19 NY3d 511) did not change the law of unjust enrichment and explained the nature of the relationship between the parties which must be alleged in the pleadings:

It is well established that to successfully plead unjust enrichment “[a] plaintiff must allege that (1) the other party was enriched, (2) at that party’s expense, and (3) that it is against equity and good conscience to permit the other party to retain what is sought to be recovered'” … . A claim for unjust enrichment “is undoubtedly equitable and depends upon broad considerations of equity and justice” … . A plaintiff is not required to allege privity. It must, however, “assert a connection between the parties that [is] not too attenuated” … . Thus, although a plaintiff could satisfy this requirement by alleging that the benefit was conferred at the behest of the defendant …, the Court of Appeals has never required such a relationship. Rather, the pleadings merely have to “indicate a relationship between the parties that could have caused reliance or inducement” … . Philips Intl Invs LLC v Pektor, 2014 Slip Op 01700, 1st Dept 3-18-14

 

You might also like
DEFENDANT HAD BEEN TAKEN DOWN TO THE GROUND AND HANDCUFFED AT THE TIME THE BACKPACK HE WAS WEARING WAS SEARCHED; THE PEOPLE PRESENTED NO EVIDENCE OF EXIGENCY; THE SEARCH WAS THEREFORE UNJUSTIFIED (FIRST DEPT).
Release Applied to Claims Unknown at the Time the Release Was Signed and to Claims Among Parties on the Same Side of the Underlying Lawsuit
Excessive Absences Do Not Establish a Parent’s “Educational Neglect”
Passenger in Recreational Go-Kart Assumed the Risk of Injury Caused by Being “Bumped” by Another Go-Kart
ALTHOUGH DEFENDANT DID NOT PRODUCE AN EMPLOYMENT CONTRACT WITH PLAINTIFF, DEFENDANT DEMONSTRATED IT WAS PLAINTIFF’S SPECIAL EMPLOYER; THEREFORE PLAINTIFF’S PERSONAL INJURY ACTION WAS PRECLUDED BY HIS ELECTION OF WORKERS’ COMPENSATION BENEFITS (FIRST DEPT).
A Contract Between a Hospital and a Security Company Was Not Invalidated by the Failure to Spell Out the Duties of the Security Personnel—Missing Element Filled in by Conduct; Interplay of Contract and Tort Liability to Third Parties Discussed
Concise Example of a Weight of the Evidence Review
THE BUILDING MANAGING AGENT, WHO HIRED PEREZ, THE BUILDING SUPERINTENDENT, WAS NOT OBLIGATED TO DETERMINE WHETHER PEREZ, A REGISTERED SEX OFFENDER, HAD A CRIMINAL RECORD; THE BUILDING OWNER AND MANAGING AGENT, THEREFORE, WERE NOT LIABLE UNDER A NEGLIGENT HIRING AND RETENTION THEORY OR A RESPONDEAT SUPERIOR THEORY FOR PEREZ’S SEXUAL ASSAULT ON INFANT PLAINTIFF (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Taxi Owners Not Entitled to Damages After Ruling by NYC Taxi and Limousine Commission... “Relation-Back” Doctrine Applied Where City Mistakenly Not Named...