July 14, 2010

Motion practice.

Practice point: There is no cause of action sounding in deceptive acts and practices, pursuant to General Business Law § 349, arising from a private contractual dispute.

Students should note that there is no cause of action for unjust enrichment if there is a valid agreement.

Case: Merin v. Precinct Developers, LLC, NY Slip Op 05691 (1st Dept. 2010)

Here is the opinion.

Tomorrow's issue: Family Law.