The following e-filed documents, listed by NYSCEF document number (Motion 001) 27, 28, 29, 30, 31, 32, 35, 36, 37, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 53, 58 were read on this motion to/for DISMISSAL. ADDITIONAL CASES Neel Dvivedi, Eric Tanjeloff Plaintiff, v. James Esposito, Dmitry Sheykhametov, Gerard Renny, Defendant; 596026/2018 DECISION ORDER ON MOTION This is an action for unpaid rent. Third-Party Defendant Dmitry Sheykhametov moves to dismiss the unjust enrichment claim asserted against him by Third-Party Plaintiffs/Defendants Neel Dvivedi and Eric Tanjeloff. The motion has been fully submitted. BACKGROUND On February 12, 2004, Plaintiff James Mooney, as tenant, entered into a commercial lease with 313 Church Street Corporation, as landlord, to rent the ground floor and basement of 313 Church Street, New York, New York (the “Premises”). In July 2009, Mooney subleased the Premises to 313 Restaurant LLC, of which Third-Party Plaintiffs/Defendants Neel Dvivedi and Eric Tanjeloff (“TPPs”) are members. (NYSCEF Doc No. 1 at 6.) However, in June 2012, Mooney and 313 Restaurant entered into a Substitution Agreement with Tribeca Canvas, LLC, substituting Tribeca Canvas1 as the subtenant. (NYSCEF Doc No. 4.) As an inducement for Mooney to enter into the Substitution Agreement, Dvivedi and Tanjeloff both executed “Good Guy” Guarantees, whereby they each “absolutely, unconditionally and irrevocably” guaranteed to Mooney all rent and other charges payable by Tribeca Canvas. (NYSCEF Doc No. 5.) On July 27, 2016, Mooney sent Tribeca Canvas a Notice to Pay Rent, alleging that Tribeca Canvas owed $109,317.51 for failing to pay rent from January to July of that year. (NYSCEF Doc No. 6.) The Premises was surrendered back to Mooney two days later. (NYSCEF Doc No. 7.) Mooney commenced an action in this court against Dvivedi, Tanjeloff, and 313 Restaurant on March 8, 2017, bearing the index number 651214/2017. On March 12, 2018, the Hon. John J. Kelly dismissed that action without prejudice due to service issues. (NYSCEF Doc No. 8.) Plaintiff commenced this action on September 27, 2018, setting forth three causes of action against Defendants: specific performance of the Guaranty, breach of contract, and legal fees. (NYSCEF Doc No. 1.) Defendants filed their Verified Answer on November 14, 2018 (NYSCEF Doc No. 11) and the Third-Party Complaint on December 19, 2018, naming James Esposito, Dmitry Sheykhametov, and Gerard Renny as Third-Party Defendants. (NYSCEF Doc No. 16.) The Third-Party Complaint sets forth two causes of action for indemnification2 against Esposito and one cause of action for unjust enrichment as to all Third-Party Defendants. (Id.) The TPPs allege, without providing evidence, that in early 2014, Tribeca Canvas admitted Tribute Hospitality Group, LLC, owned by Third-Party Defendant Esposito, as a member with a 75 percent ownership interest, and that Tribute Hospitality Group “wrongfully allowed and permitted” Sheykhametov and Renny to exclusively operate the restaurant. (Id. at
