METAL CLADDING, INC. v. J. MICHAEL BRASSEY AND AMOS TURK, 159 A.D.2d 958, 553 N.Y.S.2d 255
(4th Dep’t 1990)
March 16, 1990
from Judgment of Supreme Court, Niagara County, Gorski, J. - Replevin.
unanimously reversed on the law with costs and complaint dismissed. Memorandum:
Supreme Court erred in awarding plaintiff damages for unjust enrichment
following a bench trial. Since plaintiff received the benefits of the services
defendants provided during the three months in question, plaintiff does not
have an equitable claim to return of the sums paid for such services (see, Gargiulo
v Oppenheim, 95 AD2d 484, 495, affd 63 NY2d 843; McGrath v Hilding, 41 NY2d
625, 629; Paramount Film Distr. Corp. v State of New York, 30 NY2d 415, 421,
rearg denied 31 NY2d 678; Robinson v Paramount Pictures Corp., 112 AD2d 208).
Also, unjust enrichment is not an appropriate remedy for recovery of the
expenses of failed negotiations (see, Songbird Jet Ltd., Inc. v Amax, Inc., 581
F Supp 912, 926 [SDNY 1984], affd 812 F2d 713 [2d Cir 1987)).
PRESENT: DILLON, P.J., BOOMER, GREEN, BALIO, DAVIS, JJ.
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