Alexander Komolov et al., Appellants, v David Segal et al., Respondents.
Appellate Division, First Department
May 20, 2014
2014 NY Slip Op 03611 [117 AD3d 557]
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 2, 2014
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.