Komolov v Segal

May 20, 2014
12513 651626/11
Versions:

Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for appellants.

Frank Kurnit Klein & Selz, PC, New York (Beth I. Goldman of counsel), for respondents.

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, P.J., Friedman, Moskowitz, Freedman and Kapnick, JJ.