In order to prevail on an unjust enrichment claim, a party must show: (1) the defendant was enriched; (2) at plaintiff's expense; and (3) that it is against equity and good conscience to permit the defendant to retain what is sought to be recovered. Here, the parties do not dispute that the elements of a cause of action for unjust enrichment are met. Indeed, the sole owner, officer, and shareholder of the two defendant companies admits that he misappropriated the funds at issue. Equity does not allow a defendant contractor to keep misappropriated funds.
Allen v. Zizzi Constr. Corp., NY Slip Op 03234 (1st Dep't June 13, 2024)
