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MICHAEL BANDLER, plf-ap, v. LIBERTY CHEVROLET, INC., DEFRES, HOT WHEELZ, INC., NICHOLAS VITUCCI, PRO LOGIC COMPUTERS AND JP MORGAN CHASE BANK, def

13-107. MICHAEL BANDLER, plf-ap, v. LIBERTY CHEVROLET, INC., DEFRES, HOT WHEELZ, INC., NICHOLAS VITUCCI, PRO LOGIC COMPUTERS AND JP MORGAN CHASE BANK, def — Order (Ben R. Barbato, J.), dated August 24, 2006, affirmed, with $10 costs, for the reasons stated by Ben R. Barbato, J. at Civil Court.

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13-107. MICHAEL BANDLER, plf-ap, v. LIBERTY CHEVROLET, INC., DEFRES, HOT WHEELZ, INC., NICHOLAS VITUCCI, PRO LOGIC COMPUTERS AND JP MORGAN CHASE BANK, def — Order (Ben R. Barbato, J.), dated August 24, 2006, affirmed, with $10 costs, for the reasons stated by Ben R. Barbato, J. at Civil Court.

Even taking the allegations of the complaint as true, we agree that plaintiff failed to sufficiently state the essential elements of his claim for unjust enrichment (see Mandarin Trading Ltd. v. Wildenstein, 16 NY3d 173, 182 [2011]; cf. Murphy v. 317- 319 Second Realty LLC, 95 AD3d 443, 445 [2012]) and that, no actionable underlying tort having been pled, plaintiff’s remaining cause for conspiracy must fail as well (see Dilimetin & Dilimetin v. Stein, 297 AD2d 601, 602 [2002]).

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