General
Alexander Komolov et al., Appellants, v. David Segal et al., Respondents
117 A.D.3d 557985 N.Y.S.2d 411·New York Supreme Court, Appellate Division·2014·NY
Concur — Gonzalez, RJ., Friedman, Moskowitz, Freedman and Kapnick, JJ.
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Opinion
Alexander Komolov et al., Appellants, v David Segal et al., Respondents.
[985 NYS2d 411]
[MAJORITY]
Order, Supreme Court, New York County (Shirley Werner Kornreich, J), entered August 19, 2013, which granted defendants’ motion to dismiss the thirteenth cause of action, unanimously affirmed, with costs.
The thirteenth cause of action for unjust enrichment is precluded in this case because it seeks precisely the same relief that was barred by the statute of frauds.
Concur — Gonzalez, RJ., Friedman, Moskowitz, Freedman and Kapnick, JJ.