The plaintiff commenced this action to recover damages for breach of an implied contract and unjust enrichment. The defendant moved pursuant to CPLR 3211(a)(1), (3), and (7) to dismiss the complaint. By order dated June 24, 2022, the Supreme Court granted the motion pursuant to CPLR 3211(a)(3) for lack of standing and pursuant to CPLR 3211(a)(7) for failure to state a cause of action. The plaintiff appeals from so much of the order as granted that branch of the motion which was to dismiss the cause of action to recover damages for unjust enrichment.
On appeal, the plaintiff asserts that the Supreme Court improperly granted the branch of the motion pursuant to CPLR 3211(a)(7) for failure to state a cause of action. However, the plaintiff advances no arguments concerning that portion of the order which granted that branch of the motion pursuant to CPLR 3211(a)(3) for lack of standing. As the plaintiff does not challenge the court's determination that the plaintiff lacked standing to assert a cause of action sounding in unjust enrichment, the plaintiff's contention that the cause of action was not subject to dismissal under CPLR 3211(a)(7) is academic. The Appellate Division affirms the order insofar as appealed from without reaching the plaintiff's arguments concerning CPLR 3211(a)(7).
AA Med., P.C. v. Employee Med. Health Plan of Suffolk County, NY Slip Op 03722 (2d Dep't July 10, 2024)
