August 26, 2023

Pleading equity in the alternative.

Because plaintiffs allege that the brokerage agreement is void and unenforceable, they may assert a claim for unjust enrichment in the alternative to recover the brokerage commission that they had paid defendant.

SL 4000 Conn. LLC v. CBRE, Inc., NY Slip 04350 (1st Dep't August 17 2023) 

Here is the decision.