To prevail on the cause of action, the plaintiff must establish that it conferred a benefit on the defendant, and that the defendant will retain that benefit without adequately compensating the plaintiff. In determining the viability of the claim, the essential inquiry is whether it is against equity and good conscience to permit the defendant to retain what the plaintiff seeks to recover.
Beaman v. Awaye Realty Mgt., LLC, NY Slip Op 07562 (2d Dep't October 23, 2019)
Here is the decision.
