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Landa v. McGuire

Dismissal of Unjust Enrichment Claim Denied as Properly Pled, But Fraud Claim Dismissed

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The following e-filed papers numbered 17 to 28 read herein: Papers NumberedNotice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations) Annexed              17-25Opposing Affidavits (Affirmations)     26, 27Reply Affidavits (Affirmations)            28DECISION AND ORDER

*1  After oral argument and upon the foregoing papers, Defendants’ motion to dismiss is granted as to Plaintiff’s first cause of action for fraud but denied as to Plaintiff’s second cause of action for unjust enrichment.BackgroundPlaintiff, BENJAMIN LANDA (“Landa” or “Plaintiff”), is the principal of a group of investors that sought to purchase seven nursing homes owned by Defendant, THE MCGUIRE GROUP, INC. (“McGuire Group”), of which Defendant, F. JAMES MCGUIRE (“McGuire”), is the Chief Executive Officer. The parties entered into a six-page Memorandum of Understanding (“MOU”) dated May 14, 2015, relating to the sale of the nursing homes and substantially all of their assets. In addition to the nursing homes, the McGuire Group owned a pharmacy business that it

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