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OPPENHEIMER & CO., INC., plf-res, v. NORTHSTAR AGRI INDUSTRIES, LLC, def-ap, HAYDEN CAPITAL USA, LLC, def

9804. OPPENHEIMER & CO., INC., plf-res, v. NORTHSTAR AGRI INDUSTRIES, LLC, def-ap, HAYDEN CAPITAL USA, LLC, def — Arnold & Porter LLP, New York (Steward D. Aaron of counsel), for ap — Satterlee Stephens Burke & Burke LLP, New York (Walter A. Saurack of counsel), for res — Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered January 7, 2013, which, to the extent appealed from as limited by the briefs, denied defendant-appellant Northstar Agri Industries, LLC's (Northstar) motion to dismiss plaintiff Oppenheimer & Co., Inc.'s (Oppenheimer) unjust enrichment claim pursuant to CPLR 3211, unanimously affirmed, without costs.

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9804. OPPENHEIMER & CO., INC., plf-res, v. NORTHSTAR AGRI INDUSTRIES, LLC, def-ap, HAYDEN CAPITAL USA, LLC, def — Arnold & Porter LLP, New York (Steward D. Aaron of counsel), for ap — Satterlee Stephens Burke & Burke LLP, New York (Walter A. Saurack of counsel), for res — Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered January 7, 2013, which, to the extent appealed from as limited by the briefs, denied defendant-appellant Northstar Agri Industries, LLC’s (Northstar) motion to dismiss plaintiff Oppenheimer & Co., Inc.’s (Oppenheimer) unjust enrichment claim pursuant to CPLR 3211, unanimously affirmed, without costs.

Oppenheimer seeks to recover a finder’s fee for having introduced Northstar to an investment firm, PICO Holdings, Inc. (PICO), which ultimately invested in Northstar’s canola processing facility. Northstar contends that the claim is barred by the statute of frauds (see General Obligations Law §5-701[a][10]).

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