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· 1/13/1944

People v. D'Esposito

Citations

  • 181 Misc. 773
  • 45 N.Y.S.2d 865

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding the doctrine inapplicable when the parties' relationship is based on a written agreement or contract
  • holding that plaintiff who brought a claim against a person who was not a party to the contract “must show that [the defendant] wrongfully secured or passively received a benefit that it would be unconscionable for her to retain”
  • \The doctrine of unjust enrichment is clearly `inapplicable when the relationship between the parties is founded on a written agreement or express contract.'\ (internal citations omitted)
  • “The doctrine of unjust enrichment is clearly ‘inapplicable when the relationship between the parties is founded on a written agreement or express contract.’ ” (internal citations omitted)
  • recovery on claim of unjust enrichment allowed where defendant wrongfully secured or passively received a benefit that it would be unconscionable 4 to retain
  • “The doctrine of unjust enrichment is clearly inapplicable when the relationship between the parties is founded on a written agreement or express contract.” (citations and quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Keutgen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.