Scott Mollen, Partner at Herrick, Feinstein LLP Unjust Enrichment—Jury Awarded Judgment to Plaintiff Who Had Paid $2,572,162.09 for Construction of Home—'Palimony' Defense Rejected—Defendant Had Contributed Land—Plaintiff Also Awarded Prejudgment Interest of $3,689,956.08—Prejudgment Interest on Quantum Meruit Claim Awarded as a Matter of Right and as a Matter of Discretion
Following a jury verdict and pursuant to CPLR §§4404, 4405 and 5001, the defendants ("A" and "B") moved for an order, inter alia, denying plaintiff prejudgment interest on his claim for unjust enrichment, setting aside the verdict to the extent that it "awarded damages that accrued outside the limitations period, … and/or setting aside the jury verdict to the extent that it is inconsistent with the charge given on the cause of action for unjust enrichment."Realty Law Digest
Scott Mollen discusses an unjust enrichment case, "Swift v. Rappaport," and two landlord-tenant cases, "Schulte Roth & Zabel v. Metropolitan 919 3rd Ave. LLC," and "Rosen v. MF Assoc. of NY."
May 10, 2022 at 12:52 PM
15 minute read
Real Estate Scott Mollen, Partner at Herrick, Feinstein LLP
Unjust Enrichment—Jury Awarded Judgment to Plaintiff Who Had Paid $2,572,162.09 for Construction of Home—'Palimony' Defense Rejected—Defendant Had Contributed Land—Plaintiff Also Awarded Prejudgment Interest of $3,689,956.08—Prejudgment Interest on Quantum Meruit Claim Awarded as a Matter of Right and as a Matter of Discretion
Following a jury verdict and pursuant to CPLR §§4404, 4405 and 5001, the defendants ("A" and "B") moved for an order, inter alia, denying plaintiff prejudgment interest on his claim for unjust enrichment, setting aside the verdict to the extent that it "awarded damages that accrued outside the limitations period, … and/or setting aside the jury verdict to the extent that it is inconsistent with the charge given on the cause of action for unjust enrichment."
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