Commercial Division Clarifies Application of "Sufficiently Close Relationship" Requirement for Pleading Unjust Enrichment Claims | Patterson Belknap Webb & Tyler LLP
To embed, copy and paste the code into your website or blog: Unjust enrichment offers an avenue for recovery in situations where no actual agreement exists between parties to a dispute. But this theory of quasi-contract does not apply to just any type of commercial arrangement. In New York, although a written agreement may not be required to state a claim for unjust enrichment, there still must exist “a relationship or connection between the parties that is not too attenuated.”[1] In other words, an unjust enrichment claim cannot withstand a motion to dismiss unless the plaintiff alle...
Source: jdsupra.com