The proponent must allege that (1) the other party was enriched, (2) at the proponent's expense, and (3) it is against equity and good conscience to permit the other party to retain what is sought to be recovered. The proponent must establish that it conferred a benefit on the other party and that the other party will retain that benefit without adequate compensation. There must be a showing of reliance, and the claim is based on an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties. While privity is not required, the cause of action will not be supported if the connection between the parties is too attenuated. Further, the claim is not available where it simply duplicates, or replaces, a conventional contract or tort claim.
Ryan v. Guadagnino, NY Slip Op 01390 (2d Dep't March 11, 2026)
