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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

 

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Plaintiff Did Not Adequately Allege a Presuit Demand Would Be Futile

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