General

Doris Thurber, Appellant, v. Kenneth Thurber, Respondent

281 A.D.2d 410721 N.Y.S.2d 288·New York Supreme Court, Appellate Division·2001·NY

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Opinion

Doris Thurber, Appellant, v Kenneth Thurber, Respondent. [721 NYS2d 288] [MAJORITY] —In an action to recover damages for unjust enrichment, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Seidell, J.), dated November 12, 1999, which, after a nonjury trial, dismissed the complaint. Ordered that the judgment is affirmed, with costs. The Supreme Court properly dismissed the complaint. The appellant failed to establish by a preponderance of the evidence that the respondent’s retention of certain marital property constituted unjust enrichment (see, Sharp v Kosmalski, 40 NY2d 119). The appellant’s remaining contentions are without merit (see, Matter of Gould v Board of Educ., 81 NY2d 446; Marine Midland Bank-Southern v Thurlow, 53 NY2d 381; Stage Club Corp. v West Realty Co., 212 AD2d 458; Katz v American Tech. Indus., 96 AD2d 932). Friedmann, J. P., Florio, Luciano and Feuerstein, JJ., concur.