January 10, 2019

Unjust enrichment.

Practice point:  To sufficiently plead the cause of action, a plaintiff must show that the defendant was enriched at the plaintiff's expense, and that it is against equity and good conscience to permit the defendant to keep what the plaintiff seeks to recover.

Student note:  Although the plaintiff does not have to allege privity, there must be a connection or relationship between the parties that could have caused reliance or inducement on the plaintiff's part.

McMurray v. Hye Won Jun, NY Slip Op 00065 (1st Dep't January 8, 2019)

Here is the decision.